The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 57Abraham Clark Freeman Bancroft-Whitney Company, 1897 - Law reports, digests, etc |
Contents
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Common terms and phrases
agent agreement alleged amount appellant appellee assets assignment attorney authority Bank bill cause of action charge choses in action claim common law complaint constitution contract corporation court court of equity creditors damages debt decree deed defendant defendant's demurrer duty entitled equity error estopped evidence execution extended note fact fee simple fraud held highway homestead husband indorsement injury insolvent intention interest Iowa judgment jurisdiction jury land law merchant liable lien matter ment mortgage negligence negotiable Negotiable Instruments notice owner paid parties partner partnership payment person plaintiff plaintiff in error possession principle provision purchaser purpose question R. R. Co railroad reason recover rule secure statute stockholders street subrogated suit sustained testator thereof tion transfer trial trust valid verdict void wife writ
Popular passages
Page 790 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 72 - To divide, withdraw, or in any manner pay to the stockholders, or any of them, any part of the capital stock of the corporation ; or to reduce such capital stock without the consent of the legislature ; or 3.
Page 895 - That all fermented, distilled, or other intoxicating liquors or liquids transported into any State or Territory or remaining therein for use, consumption, sale, or storage therein shall, upon arrival in such State or Territory, be subject to the operation and effect of the laws of such State or Territory...
Page 825 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Page 797 - ... in a sum not less than two hundred nor more than five hundred dollars, and imprisoned in the penitentiary not less than one nor more than two years.
Page 831 - When the products of the farm or the forest are collected and brought in from the surrounding country to a town or station serving as an entrepot for that particular region, whether on a river or a line of railroad, such products are not yet exports, nor are they in process of exportation, nor is exportation begun until they are committed to the common carrier for transportation out of the state to the state of their destination, or have started on their ultimate passage to that state.
Page 17 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Page 702 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within twelve months next after inception of the loss.
Page 893 - That no person, firm, or corporate body shall manufacture, out of any oleaginous substance or any compound of the same, other than that produced from unadulterated milk or of cream from the same, any article designed to take the place of butter or cheese produced from pure unadulterated milk, or cream from the same...
Page 815 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.