The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 36Abraham Clark Freeman Bancroft-Whitney Company, 1894 |
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action affirmed agent agreement alleged amount appellant appellee applied authority bank bill bond Burnham and Root cause charge cited claim common law complainant constitution contract conveyance corporation court court of equity creditors damages debt debtor decree deed defendant defendant's demurrer doctrine dollars duty East Barre enforce entitled equity estopped evidence execution extended note fact favor fraud fraudulent held homestead husband indorsed injury intent interest judgment jury land liable lien matter mechanic's lien ment mortgage municipal municipal corporations naphtha negligence notice owner paid parties payment person plaintiff plaintiffs in error possession premises principal purchase purpose question R. R. Co reason recover respondent rule statute statute of frauds sureties sustained testator thereof tion transaction trial trust ultra vires verdict void wife
Popular passages
Page 403 - ... Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 56 - ... like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful.
Page 958 - Class legislation, discriminating against some and favoring others, is prohibited, but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it affects alike all persons similarly situated, is not within /the amendment.
Page 201 - When the Revolution took place the people of each State became themselves sovereign, and in that character hold the absolute right to all their navigable waters, and the soils under them, for their own common use, subject only to the rights since surrendered by the Constitution to the general government.
Page 437 - The citizens of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other, by sale, donation, testament or otherwise...
Page 746 - One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would otherwise have had it.
Page 324 - By the law of the land is most clearly intended the general law, a law which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial.
Page 203 - ... comprehend that commerce which is completely internal, which is carried on between man and man in a State, or between different parts of the same State, and which does not extend to or affect other States. Such a power would be inconvenient, and is certainly unnecessary. Comprehensive as the word " among " is, it may very properly be restricted to that commerce which concerns more States than one.
Page 520 - That the common law of England, so far as the same is applicable and of a general nature...
Page 588 - It is therefore manifest that exemption of Federal agencies from State taxation is dependent, not upon the nature of the agents, or upon the mode of their constitution, or upon the fact that they are agents, but upon the effect of the tax; that is, upon the question whether the tax does in truth deprive them of power to serve the Government as they were intended to serve it. or does hinder the efficient exercise of their power.