Columbia Law Times: A Monthly Review Devoted to Law and Political Science, Volume 5Dennis, 1892 |
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Results 1-5 of 29
Page 11
... knowledge , which it might reasonably expect to be acted upon and which has been in fact so acted upon , with a resulting damage to the holder , if it be excused from liability . Of course , if the certification depend upon a new and ...
... knowledge , which it might reasonably expect to be acted upon and which has been in fact so acted upon , with a resulting damage to the holder , if it be excused from liability . Of course , if the certification depend upon a new and ...
Page 12
... knowledge that he is the officer certifying is held to affect the holder and prelude bona fides . " As to the assistant teller , it has been held that author- ity to certify may be shown by a course of dealing between him and the bank ...
... knowledge that he is the officer certifying is held to affect the holder and prelude bona fides . " As to the assistant teller , it has been held that author- ity to certify may be shown by a course of dealing between him and the bank ...
Page 13
... knowledge beyond these two points , it is under an obligation to disclose it , when the omission to do so would cause injury to the party seeking in- formation , who evidently intends to act in the reply of the bank ; and in this case ...
... knowledge beyond these two points , it is under an obligation to disclose it , when the omission to do so would cause injury to the party seeking in- formation , who evidently intends to act in the reply of the bank ; and in this case ...
Page 39
... ) by the other party to the agreement , specific performance would be denied . This is not practical ; for a rule of law imputes to the parties the knowledge that the agreement is not legally enforce- able ; as COLUMBIA LAW TIMES . 39.
... ) by the other party to the agreement , specific performance would be denied . This is not practical ; for a rule of law imputes to the parties the knowledge that the agreement is not legally enforce- able ; as COLUMBIA LAW TIMES . 39.
Page 56
... knowledge which he does not possess , and has him struggling with distinctions and refinements before he has mastered defini- tions and fundamental principles . This difficulty is completely overcome at Columbia . The books which are ...
... knowledge which he does not possess , and has him struggling with distinctions and refinements before he has mastered defini- tions and fundamental principles . This difficulty is completely overcome at Columbia . The books which are ...
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Common terms and phrases
action agent amount appellate court assent attorney Austin Abbott authority bank Book called cause certificate Charles client COLUMBIA LAW Columbia Law School communications contract corporation counsel Court of Appeals court of equity court of last creditors Crim Criminal Law debt decision defendant directors doctrine duty Edward equity estoppel evidence existence expert facts fraud Frederick George GEORGEtown College held Henry injury interest James JAMES GORE KING John Johnson Joseph judges judicial jury justice land LAW SCHOOL lawyer liability Mass Medical Jurisprudence ment mortgage negligence nuisance officers opinion patient person physician plaintiff present principles privilege profession question railroad ratification reason receiver relation rule S. T. Smith specific performance statute Statute of Frauds student Supreme Court testator testimony Thomas tion tort trial trust ultra vires waived William witness York YORK LAW SCHOOL
Popular passages
Page 216 - Car. 2, c. 3, s. 7, that all declarations or creations of trusts, or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing, signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect...
Page 154 - Secondly, for the advocates and counsel that plead, patience and gravity of hearing is an essential part of justice ; and an over-speaking judge is no " well-tuned cymbal." It is no grace to a judge first to find that which he might have heard in due time from the bar ; or to show quickness of conceit 3 in cutting off evidence or counsel too short; or to prevent" information by questions, though pertinent.
Page 216 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by an act or operation of law, then and in every such case such trust or confidence shall be of the like force and effect as the same would have been if this statute had not been made ; anything hereinbefore contained to the contrary notwithstanding.
Page 31 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; 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...
Page 216 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 2 - They form a portion of that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government, all which can be most advantageously exercised by the States themselves. Inspection laws, quarantine laws, health laws, of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, etc., are component parts of this mass.
Page 7 - When a health law is challenged in the courts as unconstitutional on the ground that it arbitrarily interferes with personal liberty and private property without due process of law, the courts must be able to see that it has at least in fact some relation to the DOCUMENTS OF AMERICAN HISTORY public health, that the public health is the end actually aimed at. and that it is appropriate and adapted to that end.
Page 7 - They are at liberty — indeed, are under a solemn duty — to look at the substance of things, whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority.
Page 98 - ... preservation and management of the property, and make the same chargeable as a lien thereon for its repayment, cannot, at this day, be seriously disputed. It is a part of that jurisdiction, always exercised by the court, by which it is its duty to protect and preserve the trust funds in its hands. It is, undoubtedly, a power to be exercised with great caution ; and, if possible, with the consent or acquiescence of the parties interested in the fund.
Page 5 - No legislature can bargain away the public health or the public morals. The people themselves cannot do it, much less their servants. The supervision of both these subjects of governmental power is continuing in its nature, and they are to be dealt with as the special exigencies of the moment may require. Government is organized with a view to their preservation, and cannot divest itself of the power to provide for them.