A General Abridgment and Digest of American Law: With Occasional Notes and Comments, Volume 1

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Cummings, Hilliard & Company, 1823 - Law

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Contents

CHAPTER XXXVI
77
The principles and effects of assignments
80
General principles
81
A gift
90
How far can the tenants use of estovers diminish the inherit
91
Promises to deliver goods transfer stock c what damages on the breach of them
104
CHAPTER CXL
108
There are two kinds of considerations
113
A mere voluntary courtesy is not a consideration
114
Considerations executory 19 20 21 The debts of other persons where considerations or not 22 Both parties must be bound
115
Ones promise is a consideration only when he can perform 24 A loss or prejudice to one is a good consideration
116
Considerations illegal in whole or in part are
117
If no cause of action exist there is no consideration 30 Considerations past
119
Considerations grounded on relationship
120
The discharge of a debt is a good consideration 33 So to prove a debt
121
Several cases decided on these statutes 5 De proprietate probandd 6 The plegii de prosequendo et de retorno habendo 7 Pleadings in replevin general...
122
So a bare relation between owner and tenant 35 Cohabitation when a consideration or not 36 Wifes consent a good consideration or not 37 The plts e...
123
Considerations continuing 42 Acts of officers considerations or not 43 A compromise of a doubtful right is a good ground of a pro mise 44 If no re...
124
A contract personal once discharged can never again be the consideration of a promise
126
Nudum Pactum
127
Consideration bad 49 A consideration of the promise must be proved though in writing
128
CHAPTER CXLI
130
Property in succession
132
ASSUMPSIT INDEBITATUS ASSUMPSIT
141
As to witnesses
142
CHAPTER III
143
CHAPTER IV
149
What is a breach of covenant
153
CHAPTER VI
156
ACTION OF TRESPASS
162
CHAPTER VIII
164
Uses and trusts generally
170
Three cases in Massachusetts and declarations
171
CHAPTER XLVI
172
General principles
191
Several cases
201
CHAPTER LXVI
229
CHAPTER X
231
Property in toll
235
CHAPTER LXXVII
242
Further English cases in which trespass lies 4 American cases in trespass not printed 5 Massachusetts statutes as to trespass 6 American cases published
248
CHAPTER XII
254
General principles
257
CHAPTER CLV
260
A lien what and in certain general cases
268
American cases
278
CHAPTER LXXXVIII
282
Cases in Massachusetts
287
CHAPTER XV
290
CHAPTER XVI
299
COVENANTS AS TO QUIET ENJOYMENT AND TO SAVE HARMLESS AND NOTICE
300
General principles
304
Reasons for bringing into one view the essential principles
315
Pleadings defence c in trover 12 Evidence in trover
330
CHAPTER XIX
331
CHAPTER LXXXIX
371
CHAPTER XX
378
Bills and notes received in payment the effects
422
Several cases
432
What is an
439
Select principles in pleadings as to bills and notes CHAPTER XXI
445
English cases
447
Massachusetts statutes on the subject 2 What is waste ? 3 General rules 4 Waste in trees
449
American cases
450
Further English cases
454
CHAPTER XXII
457
Carriers may have this action of assumpsit for their hire
462
CHAPTER XXIII
475
In what cases assumpsit lies against carriers or
477
Where a carrier is not liable
479
When the carriers trust ends
480
Several other English cases
483
English rules and cases
484
CHAPTER XXIV
488
Waste cases added 11 Remedies
491
CHAPTER CXI
498
Art General principles
505
CHAPTER XXVI
515
Who is entitled to waste
522
ESTATES IN FEE SIMPLE
532
CHAPTER CXXII
534
CHAPTER XXVII
535
CHAPTER XXVIII
542
Promises on demand what damages on the breach of them 4 Promises to pay very unreasonable sums how treated and what damages allowed
547
Damages agreed as a measure of right between the parties 6 Of nominal damages
549
Who may have trespass and against whom it lies 8 Trespass assault and battery 9 False imprisonment remedy habeas corpus CHAPTER CLXXIII
550
Damages in trespass vi et armis 8 Damages applied to the good part of the declaration
553
CHAPTER XXIX
554
Administrators how appointed
555
Executors how appointed
558
Rights and duties of both
560
English authorities adopted here c American cases 5 When the action is suspended or not 6 Actions against an executor of his own wrong
570
Impending actions how and when executors and administra tors come in
573
CHAPTER CIV
576
The power of a surviving executor to sell lands
578
Where an executor c may be sued in his own name 13 Administration void or voidable
580
Administrators contracts to convey intestate estates 15 Exectors and administrators may retain c and take bonds of indemnity
581
Nil debet in various actions
584
Form of the remedy
586
Pleadings and evidence by executors and administrators 17 Where liable and entitled to actions the testator c was not liable
587
Remarks on the above matters of waste applying to this country
593
Several matters
596
A concise view of the power and duties of executors and ad ministrators in New York
598
CHAPTER XXX
603
The factors lien
605
Assumpsit by and against factors goods in transitu
608
CHAPTER XXXI
619
General principles
624
Voluntary and fraudulent conveyances and settlements
631
General principles and cases in England
651
CHAPTER LVII
666
CHAPTER XXXIII
673
CHAPTER LXXXI
693

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Page 235 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Page 87 - And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with, or affect private contracts or engagements, bona fide, and without fraud previously formed.
Page 146 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Page 378 - ... and also every such note payable to any person or persons, body politick and corporate, his, her, or their order, shall be assignable or indorsable over, in the same manner as inland bills of exchange are or may be, according to the custom of merchants...
Page 316 - no State . . . shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts.
Page 234 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Page 241 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page ii - District Clerk's Office. BE IT REMEMBERED, That on the seventh day of May, AD 1828, in the fifty-second year of the Independence of the UNITED STATES OF AMERICA, SG Goodrich, of the said District, has deposited in this office the...
Page 378 - ... assigned, or the money therein mentioned ordered to be paid by indorsement thereon, shall and may maintain his, her, or their action for such sum of money, either against the person or persons, body...
Page 234 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.

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