Columbia Law Times: A Monthly Review Devoted to Law and Political Science, Volume 1Dennis, 1888 |
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Page 32
... arise ; in the study of equity jurispru- dence , as e . g . , in cases where the maxim , " He who comes into equity must come with clean hands , " comes into play ; in the study of the law of negotiable paper , of insurance law , of ...
... arise ; in the study of equity jurispru- dence , as e . g . , in cases where the maxim , " He who comes into equity must come with clean hands , " comes into play ; in the study of the law of negotiable paper , of insurance law , of ...
Page 47
... arise out of a contract , such as the act of borrowing money and promising to repay it . The other class is where they do not arise out of a contract , commonly called a delict , as , for example , actions for libel , slander , assault ...
... arise out of a contract , such as the act of borrowing money and promising to repay it . The other class is where they do not arise out of a contract , commonly called a delict , as , for example , actions for libel , slander , assault ...
Page 89
... arise if the trustee is derelict in his duty , appropriating funds . to his own use , as to who shall be the loser . There is a rule in equity jurisprudence that the party who deals with a trustee is bound to see that the money is ...
... arise if the trustee is derelict in his duty , appropriating funds . to his own use , as to who shall be the loser . There is a rule in equity jurisprudence that the party who deals with a trustee is bound to see that the money is ...
Page 91
... arise to pay a reasonable value for services . Cutter vs. Powell , 2 Smith's Leading Cases . So there may be an implied acceptance where the work was of such a kind that an employer may reject it , and he still retains it . If on the ...
... arise to pay a reasonable value for services . Cutter vs. Powell , 2 Smith's Leading Cases . So there may be an implied acceptance where the work was of such a kind that an employer may reject it , and he still retains it . If on the ...
Page 93
... arise . on the theory of an implied assent , as for example , when the vendor by his act sets apart certain goods , and then claims that the sale is executed . Low vs. Pugh , 108 Mass . 347 . SEC . V. Delivery . Delivery as used in the ...
... arise . on the theory of an implied assent , as for example , when the vendor by his act sets apart certain goods , and then claims that the sale is executed . Low vs. Pugh , 108 Mass . 347 . SEC . V. Delivery . Delivery as used in the ...
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Common terms and phrases
action agent applied attorney authority bill bonds called cause CHAPTER chattel claim Code of Civ College COLUMBIA LAW common law Constitution contract corporation course Court of Appeals court of equity creditor criminal curia regis Cy Pres Cy Pres doctrine damages debt debtor decisions defendant doctrine duty England English equity evidence execution executor fact fraud G. P. Putnam's Sons held injury intention interest judges judgment judicial jurisdiction jury justice land Law School lawyer lectures liable matter ment MOOT COURT mortgage Munroe Smith negligence Norman notice opinion owner party payment plaintiff Political Science present principles Prof purchaser question reason received rule School of Political ship statute Statute of Frauds sui juris Supreme Court surety testator tion tort trespass trial trust usury warranty words York
Popular passages
Page 48 - Signed, sealed, published and declared by the said John Alden, 2nd, as and for his last will and testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other have subscribed our names as witnesses the day and year above written.
Page 144 - 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 non-delivery of any unrcapcatcd message, whether happening by negligence of its servants or otherwise, beyond the amount received for. sending the same...
Page 147 - The Company will not be liable for damages or statutory penalties in any case where the claim is not presented in writing within sixty days after the message is filed with the Company for transmission.
Page 144 - To guard against mistakes or delays, the sender of a message should order it repeated ; that is, telegraphed back to the originating office for comparison. For this, one-baif the regular rate is charged in addition.
Page 148 - The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation ; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Page 148 - ... the other the difference between the contract price and the market price of the goods at the date fixed for executing the contract, then the whole transaction constitutes nothing more than a wager, and is null and void.
Page 177 - ... and a copy of the complaint, or a notice stating the sum of money for which judgment will be taken, was served with the summons ; or where the defendant has appeared, but has made default in pleading, the plaintiff may take judgment by default, as follows : 1. If the defendant has made default in appearing, the plaintiff must file proof of the service of the summons, and of...
Page 186 - And it has been held, that if the jurors do not agree in their verdict before the judges are about to leave the town, though they are not to be threatened or imprisoned, the judges are not bound to wait for them, but may carry them round the circuit from town to town in a cart.
Page 243 - ... no patent shall be held to be invalid by reason of such purchase, sale, or use prior to the application for a patent as aforesaid, except on proof of abandonment of such invention to the public, or that such purchase, sale or prior use, has been for more than two years prior to such application for a patent.
Page 195 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.