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action affirmed agent agreed agreement alleged amount appears appellant appellee apply authority Bank carry cause charge circumstances cited claim common condition consideration considered construction contract corporation court damages death debt decision deed defendant delivered doctrine duty effect entitled error evidence execution existence express fact fraud give given ground hands held hold injury instructions intent interest judge judgment jury justice land liable Mass matter means mortgage nature necessary negligence notice object Ohio opinion owner paid parties passed payment performance person plaintiff possession present principle promise proper prove purchaser question railroad Railway reason received recover referred rendered result reversed rule Smith statute street sustained tion train trial wife witness
Page 750 - ... 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 authorised.
Page 750 - Char. 2), it was enacted that "no action shall be brought whereby to charge any executor or administrator upon any special promise to answer in damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages of another person...
Page 421 - Comptroller, shall take possession of the books, records, and assets of every description of such association, collect all debts, dues, and claims belonging to such association, and, upon the order of a court of record of competent jurisdiction, may sell or compound all bad or doubtful debts, and, on a like order, sell all the real and personal property of such association, on such terms as the court shall direct...
Page 750 - Every contract for the leasing for a longer period than one year, or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be In writing, and be subscribed by the party by whom the lease or sale is to be made.
Page 37 - ... 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.
Page 745 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 49 - 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, M ' !-«<•. ' '.:>-. . \ and that it ought to have been foreseen in the light of the attending circumstances.
Page 398 - No sum of money due, or to become due, to any pensioner, shall be liable to attachment, levy or seizure, by or under any legal or equitable process whatever, whether the same remains with the Pension Office, or any officer or agent thereof, or is in course of transmission to the pensioner entitled thereto, but shall inure wholly to the benefit of such pensioner.