The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volume 25Bancroft-Whitney, 1879 - Law reports, digests, etc |
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Page 4
... claim the land by adverse titles . Thus in Codman v . Jenkins , 14 Mass . 93 , it was held that a common count for rent would not lie in favor of a stranger who claimed title , or by one of two litigating parties ; and in Bigelow v ...
... claim the land by adverse titles . Thus in Codman v . Jenkins , 14 Mass . 93 , it was held that a common count for rent would not lie in favor of a stranger who claimed title , or by one of two litigating parties ; and in Bigelow v ...
Page 12
... claim in set- off against the original contracting party shows clearly the injus- tice of forcing another person upon him to execute the contract without his consent , against whom his set - off would not be avail- able . But the actual ...
... claim in set- off against the original contracting party shows clearly the injus- tice of forcing another person upon him to execute the contract without his consent , against whom his set - off would not be avail- able . But the actual ...
Page 15
... claim on the mortgage . He did not record his assignment until more than three years had elapsed . Neither plaintiff nor defendant ever received his advances . The case was reserved for the full court . R. D. Smith , for plaintiff ...
... claim on the mortgage . He did not record his assignment until more than three years had elapsed . Neither plaintiff nor defendant ever received his advances . The case was reserved for the full court . R. D. Smith , for plaintiff ...
Page 16
... claim of the plaintiff . It appears that , although the mortgage had remained for about five months in the hands of Jackson , nothing had been done in the way of raising money for the use of the mortgagor , until the defendant agreed to ...
... claim of the plaintiff . It appears that , although the mortgage had remained for about five months in the hands of Jackson , nothing had been done in the way of raising money for the use of the mortgagor , until the defendant agreed to ...
Page 18
... claim or pretense that such holder did thus consent . There was simply neglect on the part of the plaintiff bank to take an assignment of the mortgage . The utmost hazard which the holder took was that Jackson might discharge the ...
... claim or pretense that such holder did thus consent . There was simply neglect on the part of the plaintiff bank to take an assignment of the mortgage . The utmost hazard which the holder took was that Jackson might discharge the ...
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Common terms and phrases
action affirmed agent agreement alleged Allen appellant appellee arbitrators Arctic Fire assignment assumpsit authority award Barb bill bonds cause charge claim clause common law Commonwealth contract corporation counsel court of equity damages debt decision decree deed defendant defendant's delivered East Fishkill entitled equity evidence executed fact feme covert firm fraud Gray guilty held husband Illinois Central Railroad indorsed injury intention Jackson judge judgment jury La Salle County land lease liable lien loss Mass matter ment Metc mortgage National Bank negligence notice opinion owner paid parties partner partnership payment Penn person plaintiff in error possession principle promissory note proof purchaser question Railroad Company reason received recover rule Sarria Smith sold statute statute of frauds sufficient supra sustained testator testify tion trial trustees verdict Wend wife witness words
Popular passages
Page 369 - Nothing can call forth this court into activity, but conscience, good faith, and reasonable diligence : where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore from the beginning of this jurisdiction, there was always a limitation to suits in this court.
Page 357 - Every husband, wife, child, parent, guardian, employer, or other person who shall be injured in person, or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person...
Page 207 - To exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt; by receiving deposits; by buying and selling exchange, coin, and bullion; by loaning money on personal security; and by obtaining, issuing, and circulating notes according to the provisions of this title.
Page 571 - No right of way shall be appropriated to the use of any corporation until full compensation therefor be first made in money, or first secured by a deposit of money to the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury of twelve men, in a court of record, as shall be prescribed by law.
Page 9 - But every one has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. In the familiar phrase of Lord Denman, '• you have the right to the benefit you anticipate from the character, credit, and substance of the party with whom you contract.
Page 713 - Sea, and all Persons using the Trade of Merchandize by way of bargaining, Exchange, bartering, Commission, Consignment, or otherwise, in gross or by retail, and all Persons who, either for themselves or as Agents or Factors for others, seek their Living by buying and selling, or by buying and letting for Hire, or by the Workmanship of Goods or Commodities...
Page 369 - ... and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence.
Page 402 - ... such as may fairly and reasonably be considered either arising naturally — that is, 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 117 - The wrongful or fraudulent taking and carrying away, by any person, of the mere personal goods of another, from any place, with a felonious intent to convert them to his (the taker's) own use, and make them his own property, without the consent of the owner.
Page 627 - it has been held that if the jurors do not agree in their verdict before the judges are about to leave the town, though they are not to be threatened or imprisoned, the judges are not bound to wait for them, but may carry them round the circuit from town to town in a cart;