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action affirmed agent alleged amount answer appellant application asked authority believe bill carrier cause cause of action charge circuit court City claim common condition conductor consideration considered contract corporation costs creditor damages debt defendant defendant's direct dollars duty Elms equity error evidence exceptions fact failed filed further give given ground hand held injury instruction interest issue Judge judgment jury Kansas City liable license limitation Louis matter ment motion necessary negligence notice numbered objection offered opinion paid party payment permit person petition plain plaintiff pleaded present principle prove question Railroad Railway reason received record recover refused respondent result rule stand statement statute stopped street sufficient suit sustained taken tending tion train Transit trial verdict witness
Page 95 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they: are mutual conditions, the one precedent to the other; but when they go only to a part where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 604 - A communication made bona fide upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty, is privileged, if made to a person having a corresponding interest or duty, although it contain criminating matter which, without this privilege, would be slanderous and actionable...
Page 446 - If thereafter any suit is brought against the assured to enforce a claim for damages on account of an accident covered by this policy, the assured shall immediately forward to the company every summons or other process as soon as the same shall have been served on him, and the company will at its own cost, defend against such proceeding in the name and on behalf of the assured...
Page 369 - ... condition of health of an individual upon whom it is inflicted, such injury appears as the active, efficient cause that sets in motion agencies that result in death, without the intervention of any other independent force, then it should be regarded as the sole and proximate cause of death.
Page 649 - State, the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.
Page 512 - The principle is, that whatever relates merely to the remedy and constitutes part of the procedure is determined by the law of the forum, for matters of process must be, uniform in the courts of the same country ; but whatever goes to the substance of the obligation and affects the rights of the parties, as growing out of the contract itself, or inhering in it or attaching to it, is governed by the law of the contract.
Page 314 - ... court, at least ten days before the first day of the term at which it is proposed to be heard, and like proceedings shall be had as is required by sees.
Page 171 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.