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 20Bancroft-Whitney, 1877 - Law reports, digests, etc |
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Results 1-5 of 75
Page 49
... suit . We entirely concur in the verdict . It is impossible to read the evidence without coming to regard the transaction as a fraudulent imposition upon the respondent . The note in suit was as little hers as if the transaction between ...
... suit . We entirely concur in the verdict . It is impossible to read the evidence without coming to regard the transaction as a fraudulent imposition upon the respondent . The note in suit was as little hers as if the transaction between ...
Page 62
... suit by both partners for the whole could be sustained . He appears to have overlooked the elementary principle that several rights of several persons cannot be asserted in a joint action at law by all ; that partners can maintain an ...
... suit by both partners for the whole could be sustained . He appears to have overlooked the elementary principle that several rights of several persons cannot be asserted in a joint action at law by all ; that partners can maintain an ...
Page 75
... suit , a judgment by default ( as it is termed ) was rendered against him by which the court adjudged , " that the defendants recover of the plaintiff their damages occasioned by the unlawful seizure and deten- tion of the property in ...
... suit , a judgment by default ( as it is termed ) was rendered against him by which the court adjudged , " that the defendants recover of the plaintiff their damages occasioned by the unlawful seizure and deten- tion of the property in ...
Page 100
... suit was instituted by the appellant against the appellee , a national bank organized under the act of Con- gress , approved June 3d , 1864 , known as the " National Currency Act . " The first and second counts of the declaration aver ...
... suit was instituted by the appellant against the appellee , a national bank organized under the act of Con- gress , approved June 3d , 1864 , known as the " National Currency Act . " The first and second counts of the declaration aver ...
Page 110
... suit in equity , to recover the money received by the former under the policy of insurance . This has been expressly decided by the Supreme Court of Pennsylvania , in In- surance Co. v . Updegraff , 21 Penn . St. 513 , and that decision ...
... suit in equity , to recover the money received by the former under the policy of insurance . This has been expressly decided by the Supreme Court of Pennsylvania , in In- surance Co. v . Updegraff , 21 Penn . St. 513 , and that decision ...
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action affirmed agent alleged amount appear appellant appellee applied attachment Attorney-General authority bill bonds cause charge cited claim common law Constitution contract conveyance corporation counsel court of equity creditors damages debt decision declaration deed defendant defendant's delivered demurrer duty entitled equity evidence execution exemption fact Fire Insurance granted Hagerstown held highway indictment injury Insurance Company interest judge judgment jurisdiction jury jury fee jury trial justice land legislature levy liable license lien loss mortgage National Bank negligence nuisance officers opinion owner paid parties payment person plaintiff plaintiff in error premises principle promissory note property insured purchaser question reason received recover rule Smith South Society statute Stratton Mills suit supra sustained testator thereof tion town Trempealeau County trial trustee ultra vires Union Mut valid verdict void wife
Popular passages
Page 755 - ... The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 98 - 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...
Page 593 - We think it is a settled principle, growing out of the nature of well-ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others, having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 12 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the legislature, under the governing and controlling power vested in them by the constitution may think necessary and expedient.
Page 423 - Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive, in respect of such breach of contract, should be 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...
Page 423 - Now, if the special circumstances under which the contract was actually made, were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances, so known and communicated.
Page 258 - The plaintiff sought to recover the value of such work as an item of damages, but the court held that the measure of damages was the difference between the value of the oxen at the time of the conversion and their value at the time they were retaken by the plaintiff.
Page 281 - The contract between Georgia and the purchasers was executed by the grant. A contract executed, as well as one which is executory, contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A party is, therefore, always estopped by his own grant.
Page 97 - An act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof...
Page 1 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it