The American Jurist: And Law Magazine, Volume 25Freeman & Bolles, 1843 - Law |
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Results 1-5 of 74
Page 62
... contract which is not in nature , but which the law admits and tolerates : Usura naturâ non provenit , sed jure percipitur . It is upon this ground , that Pomponius has established another principle : Usura pecuniæ quam percip- imus ...
... contract which is not in nature , but which the law admits and tolerates : Usura naturâ non provenit , sed jure percipitur . It is upon this ground , that Pomponius has established another principle : Usura pecuniæ quam percip- imus ...
Page 72
... contract with the mariners and shipmen that ar- rive there , or that the people that dwell there shall walk upon the water , as people do on land , which Peter himself was not able to doe , but had sunck , if Christ had not reacht his ...
... contract with the mariners and shipmen that ar- rive there , or that the people that dwell there shall walk upon the water , as people do on land , which Peter himself was not able to doe , but had sunck , if Christ had not reacht his ...
Page 119
... contracts . The Schooner Tribune , 3 Sumner , 144 . Ib . 3. ( Same . ) The jurisdiction of the admiralty does not depend upon the particular name or character of the instrument , but whether it imports to be a maritime contract . 4 ...
... contracts . The Schooner Tribune , 3 Sumner , 144 . Ib . 3. ( Same . ) The jurisdiction of the admiralty does not depend upon the particular name or character of the instrument , but whether it imports to be a maritime contract . 4 ...
Page 124
... contract as a nullity , and bring trover for the property , or an action of deceit - when the measure of damages will be the injury sustained in consequence of the fraud . Alexander v . Dennis , 9 Porter , 174 . 11. ( Want of funds ...
... contract as a nullity , and bring trover for the property , or an action of deceit - when the measure of damages will be the injury sustained in consequence of the fraud . Alexander v . Dennis , 9 Porter , 174 . 11. ( Want of funds ...
Page 129
... contracts for payment of money in a foreign country , as to the right to damages , to replace the money where it was payable , except that the usage of trade has fixed the rate of damages . Ib . 4. ( Advances where reimbursable ...
... contracts for payment of money in a foreign country , as to the right to damages , to replace the money where it was payable , except that the usage of trade has fixed the rate of damages . Ib . 4. ( Advances where reimbursable ...
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Common terms and phrases
11 Vermont 18 Pickering 9 Porter acceptance supra protest action afterwards agreement answer appointed assignment bill bottomry captain Vincent cargo chancellor charge circumstances claim common law considered contract conveyance court of chancery court of equity covenant creditors damages debts declaration decree deed defendant deposition discharge drawee duty English entitled equity evidence executed executor fact fraud give Grant Hamp held Hoff holder honor husband indorser insolvent insured interest judge judgment jurisconsults jury justice land liable lord Hardwicke lord Macclesfield lord Northington master Meigs ment mortgage nature ne exeat notary notice owner paid partner partnership party payable payment person plaintiff possession present principal purchase received refused Roman law rule ship statute statute of frauds stoic sufficient suit Sumner surety tenant tion treatise trust usurious vessel voyage wife witness word XXV.-NO
Popular passages
Page 308 - God hath made of one blood all nations of men to dwell on the face of the earth...
Page 5 - He that holdeth his lands in fee, Need neither to shake nor to shiver, I humbly conceive ; for look, do you see, They are his and his heirs for ever.
Page 129 - It shall be their duty where the laws of the country permit, to take possession of the personal estate left by any citizen of the United States, other than seamen belonging to any ship or vessel who shall die within their consulate; leaving there no legal representative, partner in trade or trustee by him appointed to take care of his effects, they shall inventory the same with the assistance of two merchants of the United States...
Page 368 - An act to repeal an act of the present session of parliament, intituled, An act for the more effectual abolition of oaths and affirmations taken and made in various departments of the state, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths.
Page 75 - I am informed that you are in possession of, or claim title to, the premises in this declaration of ejectment mentioned, or to some part thereof, and I, being sued in this action as...
Page 368 - ' more effectual Abolition of Oaths and Affirmations taken " ' and made in various Departments of the State, and to " ' substitute Declarations in lieu thereof, and for the more " ' entire Suppression of voluntary and extra-judicial Oaths " ' and Affidavits,' and to make other Provisions for the " Abolition of unnecessary Oaths.
Page 67 - And these fictions of law, though at first they may startle the student, he will find upon further consideration to be highly beneficial and useful ; especially as this maxim is ever invariably observed, that no fiction shall extend to work an injury; its proper operation being to prevent a mischief, or remedy an inconvenience, that might result from the general rule of law.
Page 128 - ... the advantages of which he is desirous of securing to himself and his legal representatives : he therefore prays that letters patent of the United States may be issued, granting unto your petitioner, his heirs, administrators, or assigns, the full and exclusive right of making, constructing, using, and vending to others to be used...
Page 265 - Every particular trader has some particular mark or stamp ; but I do not know any instance of granting an injunction here, to restrain one trader from using the same mark with another ; and I think it would be of mischievous consequence to do it.
Page 75 - Court ; and then and there, by a rule to be made of the same Court, to cause yourself to be made defendant in my stead ; otherwise, I shall suffer judgment to be entered against me by default, and you will be turned out of possession.