Spurious InterpretationColumbia Law Review, 1907 - 386 pages |
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Page 406
... breach of the contract at law . Curiously enough , this is the first time the precise question has ever arisen in a case ; but T. Cyprian Williams , Esq . , in an article in 42 Sol . Jour . 650 ( 1898 ) , seemingly anticipating the ...
... breach of the contract at law . Curiously enough , this is the first time the precise question has ever arisen in a case ; but T. Cyprian Williams , Esq . , in an article in 42 Sol . Jour . 650 ( 1898 ) , seemingly anticipating the ...
Page 408
... breach of the express contract , the breach being not the failure to pay the stipulated wages - for they could not be said to be properly earned - but the failure to allow the servant to earn them ; Beckham v . Drake ( 1849 ) 2 H. of L ...
... breach of the express contract , the breach being not the failure to pay the stipulated wages - for they could not be said to be properly earned - but the failure to allow the servant to earn them ; Beckham v . Drake ( 1849 ) 2 H. of L ...
Page 409
... breach by B of a vital engagement of a contract , A has a right to elect either to continue or discontinue performance on his part . Frost v . Knight ( 1872 ) L. R. 7 Ex . 111 ; Roper v . Johnson ( 1873 ) L. R. , 8 C. P. 167 ; Lake ...
... breach by B of a vital engagement of a contract , A has a right to elect either to continue or discontinue performance on his part . Frost v . Knight ( 1872 ) L. R. 7 Ex . 111 ; Roper v . Johnson ( 1873 ) L. R. , 8 C. P. 167 ; Lake ...
Page 418
... the defendant has committed a breach going to the essence , and the plaintiff has , therefore , elected not to continue performance ; Clark v . Mayor ( 1850 ) 4 N. Y. 338 , Lincoln v . Schwartz ( 418 COLUMBIA LAW REVIEW .
... the defendant has committed a breach going to the essence , and the plaintiff has , therefore , elected not to continue performance ; Clark v . Mayor ( 1850 ) 4 N. Y. 338 , Lincoln v . Schwartz ( 418 COLUMBIA LAW REVIEW .
Page 419
... . Nor should the plea of hardship to the plaintiff have any weight where the breach of his contract has been willful , since he must be presumed to have gone into the contract knowing all of its conditions , and NOTES . 419.
... . Nor should the plea of hardship to the plaintiff have any weight where the breach of his contract has been willful , since he must be presumed to have gone into the contract knowing all of its conditions , and NOTES . 419.
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accumulations action American apply Ashwell authority Baker Bank breach Burdick claim Code coin COLUMBIA LAW REVIEW Columbia University common law Conn constitutional contract corporation damages decision defendant digest diplomacy doctrine easement Edition equity eventual estate executors fact franchise Held illegal intent interest International Law Interstate Commerce Act judicial Jurisprudence jurists Keogh Kindly mention larceny law canvas Law School law-maker lawyers legislative liability license LL.B magistrate Manice matter mention the REVIEW Minn N. Y. Supp NOTES owner par delictum parties person presumptively entitled plaintiff political possession power in trust Price principal Professor promise Publishers purpose quasi-contract question relator restraints on alienation right of access Roman Roman Law Rule against Perpetuities seems shilling sovereign specific performance spurious interpretation statute stockholders supra testator theory tion Torts transfer trespass ultra vires vested Vols volume Voorhis York
Popular passages
Page 433 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor, or indorser, without receiving value therefor, and for the purpose of lending his name to' some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Page 390 - Upon any indictment for embezzlement, it is a sufficient defense that the property was appropriated openly and avowedly, and under a claim of title preferred in good faith, even though such claim is untenable.
Page 413 - ... access to the navigable part of the river from the front of his lot; the right to make a landing, wharf, or pier for his own use, or for the use of the public, subject to such general rules and regulations as the legislature may see proper to impose for the protection of the rights of the public, whatever those may be.
Page 388 - April, 1906. possession, appropriates the same to his own use, or that of any other person other than the true owner or person entitled to the benefit thereof; Steals such property, and is guilty of larceny.
Page 403 - ... undisposed of, and no valid direction for their accumulation is given, such rents and profits shall belong to the persons presumptively entitled to the next eventual estate.
Page 394 - The fact that the defendant intended to restore the property stolen or embezzled, is no ground of defense, or of mitigation of punishment, if it has not been restored before complaint to a magistrate, charging the commission of the crime.
Page 388 - A person who, with the intent to deprive or defraud the true owner of his property...
Page 393 - It is agreed upon all sides that the crime of larceny may not be committed unintentionally, unconsciously, or by mistake, but that, in order to accomplish it, the perpetrator must have the intent referred to. It may be difficult at all times exactly and satisfactorily to define this intent, but the requirement for it as applicable to this case means that, when the relator took part in the appropriation of the moneys in question, he must have had in some degree that same conscious, unlawful, and wicked...