The American Law Register, Volume 24; Volume 33D.B. Canfield & Company, 1885 |
From inside the book
Results 1-5 of 73
Page 21
... payment of the whole debt and costs , from proceeding to enforce payment of the interest upon the judgment . Pinnel's Case , 5 Rep . 117 a . , and Cumber v . Wane , 1 Str . 426 , followed . An agreement not to take proceedings if the ...
... payment of the whole debt and costs , from proceeding to enforce payment of the interest upon the judgment . Pinnel's Case , 5 Rep . 117 a . , and Cumber v . Wane , 1 Str . 426 , followed . An agreement not to take proceedings if the ...
Page 23
... payment , without any relinquishment , on the part of the judgment creditor , of any por- tion of the amount recoverable ( whether for principal or for interest ) under the judgment . But the agreement of the judgment creditor , which ...
... payment , without any relinquishment , on the part of the judgment creditor , of any por- tion of the amount recoverable ( whether for principal or for interest ) under the judgment . But the agreement of the judgment creditor , which ...
Page 24
... payment of 5001. , on account and in part of the larger debt then due and pay- able by law under the judgment . The appellant did not contract to pay the future instalments of 150l . each , at the times therein mentioned ; much less did ...
... payment of 5001. , on account and in part of the larger debt then due and pay- able by law under the judgment . The appellant did not contract to pay the future instalments of 150l . each , at the times therein mentioned ; much less did ...
Page 25
... payment of 201. the obligor or feoffor cannot at the time appointed pay a lesser sum in satisfaction of the whole , because it is apparent that a lesser sum of money cannot be a satisfaction of a greater ; " adding ( what is beyond ...
... payment of 201. the obligor or feoffor cannot at the time appointed pay a lesser sum in satisfaction of the whole , because it is apparent that a lesser sum of money cannot be a satisfaction of a greater ; " adding ( what is beyond ...
Page 26
... payment of any sum which the creditor might be content to receive by way of accord and satisfaction ( though less than the whole ) , were held to be , gen- erally , binding , though not under seal ; nor should I be unwilling to see ...
... payment of any sum which the creditor might be content to receive by way of accord and satisfaction ( though less than the whole ) , were held to be , gen- erally , binding , though not under seal ; nor should I be unwilling to see ...
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Common terms and phrases
agent agreement alimony appear application assignment authority Bank Barb bill carrier cause of action certificate charge chose in action claim common carrier common law contract contributory negligence corporation court of equity creditors damages debt debtor decision decree defendant defendant's delivered divorce doctrine domicile duty enforce entitled equity evidence execution executors fact fraud garnishee ground held husband injury interest Iowa judge judgment judicial judicial notice jurisdiction jury labor land liable Mass matter ment mortgage negligence notice Ohio St opinion owner party passenger payment Penn person Pinnel's plaintiff principle proceeding promissory note purchase question Railroad Co railroad company railway reason received recover refusal rule separate servant Smith statute Statute of Frauds suit supra Supreme Court testator tion tort train trust valid void wife
Popular passages
Page 59 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 302 - Generally in all matters not herein-before particularly mentioned, in which there is any conflict or variance between the Rules of Equity and the Rules of the Common Law with reference to the same matter, the rules of Equity shall prevail.
Page 650 - By marriage, the husband and wife are one person in law, that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband ; under whose wing, protection, and cover, she performs everything ; and is therefore called in our law French a.
Page 60 - that the laws of the several States, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 727 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 613 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery, or for non-delivery, of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 61 - In all other respects, the laws of the State in which the court is held shall be the rules of decision as to the competency of witnesses in the courts 100] of the United States in trials at common law and in equity and admiralty.
Page 734 - 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.
Page 767 - But in all cases there must be a reasonable ground, founded upon the relations of the parties to each other, either pecuniary or of blood or affinity, to expect some benefit or advantage from the continuance of the life of the assured.
Page 60 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.