Central Reporter: Cases, Courts of Last Resort, New York, New Jersey, Pennsylvania, Delaware, Maryland, District of Columbia, 1885-[88].1887 |
From inside the book
Results 1-5 of 79
Page 35
... parties at the time of their execution , giving due effect to every part of the 5 . 6 . same . A contract will have a retroactive effect where by express words or neces- sary implication it appears to be the in- tention of the parties ...
... parties at the time of their execution , giving due effect to every part of the 5 . 6 . same . A contract will have a retroactive effect where by express words or neces- sary implication it appears to be the in- tention of the parties ...
Page 37
... parties to them are concerned are subject to the same rule of interpretation , and must be understood to have been intended to cover the same class of obligations , and to differ only in respect to the time of their execution and the ...
... parties to them are concerned are subject to the same rule of interpretation , and must be understood to have been intended to cover the same class of obligations , and to differ only in respect to the time of their execution and the ...
Page 38
... parties to embrace past trans- actions ; but when this does appear it is indis- putably competent for parties to bind them- selves for such liabilities . Under these circumstances no acceptance of such guaranty could properly be ...
... parties to embrace past trans- actions ; but when this does appear it is indis- putably competent for parties to bind them- selves for such liabilities . Under these circumstances no acceptance of such guaranty could properly be ...
Page 41
... parties and the circumstances . That this was the intention of the plaintiff is plain from the action of its officers . The finance committee directed its treasurer to procure a new bond as a substitute for the former one ; and it ...
... parties and the circumstances . That this was the intention of the plaintiff is plain from the action of its officers . The finance committee directed its treasurer to procure a new bond as a substitute for the former one ; and it ...
Page 81
... parties and of the subject matter , in the absence of fraud , its judgment is conclusive as between the parties or their privies on all questions litigated and decided in that court . As to those questions , the judg- ment constitutes ...
... parties and of the subject matter , in the absence of fraud , its judgment is conclusive as between the parties or their privies on all questions litigated and decided in that court . As to those questions , the judg- ment constitutes ...
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Common terms and phrases
action affirmed alleged amount appear appellee applied Appt assignment authority Bank Barb bill bond bulkhead line Cent chap charge City claim Company complainant comptroller contract conveyance corporation County court court of equity creditors damages death debt declared decree deed defendant defendant's delivered the opinion duty dying declarations entitled equity Erie error evidence execution executors fact fendant filed foreclosure fraud granted held husband intention interest interpleader issue Jenkins judge judgment jurisdiction jury Kings County land lease lien mandamus ment mortgage oleomargarine owner paid parties payment person plaintiff plaintiff in error proceedings proof purchase purpose question R. R. Co received recover residuary estate Respt road rule says sold statute street term testator thereof tion trial trust U. S. bk verdict Wend wife William Jenkins words writ York
Popular passages
Page 358 - The negotiation of sales of goods which are in another State, for the purpose of introducing them into the State in which the negotiation is made, is interstate commerce.
Page 56 - But, on the other side, if she be of evil fame, and stand unsupported by others ; if she concealed the injury for any considerable time after she had opportunity to complain ; if the place, where the fact was...
Page 88 - ... at the sums which a majority of the assessors have decided to be the full and true value thereof, and at which they would appraise the same in payment of a just debt due from a solvent debtor...
Page 316 - There are certain political duties imposed upon many officers in the executive department, the discharge of which is under the direction of the President. But it would be an alarming doctrine, that congress cannot impose upon any executive officer any duty they may think proper, which is not repugnant to any rights secured and protected by the constitution; and in such cases, the duty and responsibility grow out of and are subject to the control of the law, and not to the direction of the President.
Page 190 - By the first section of said act it is provided that "every building erected within the several counties of this Commonwealth * * * shall be subject to a lien for the payment of all debts contracted for work done or materials furnished for or about the erection or construction of the same.
Page 53 - The time appointed must be at least two days after the verdict, if the court intend to remain in session so long, or if not, as remote a time as can reasonably be allowed ; but any delay may be waived by the defendant.
Page 52 - A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the offense, and the corroboration is not sufficient if It merely shows the commission of the offense or the circumstances thereof.
Page 259 - It ;may be regarded as a settled rule of construction that where there is a devise to one person in fee, and in case of his death...
Page 251 - ... such conveyances and certificates, and the taxes and tax sales on which they are based, shall be subject to cancellation by reason of the payment of such taxes, or by reason of the levying of such taxes by a town or ward having no legal right to assess the land on which they are laid...
Page 42 - A legal obligation or duty of the promisee to him will so connect him with the transaction as to be a substitute for any privity with the promisor, or the consideration of the promise, the obligation of the promisee furnishing an evidence of the intent of the latter to benefit him, and creating a privity by substitution with the promisor.