The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volume 42Bancroft-Whitney, 1883 |
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Page 36
... defendant , but for the gratification of his own feelings , will- fully or maliciously assaulted the plaintiff , and in this assault the plaintiff fell to the ground , then the defendant is not liable . The point you are to observe is ...
... defendant , but for the gratification of his own feelings , will- fully or maliciously assaulted the plaintiff , and in this assault the plaintiff fell to the ground , then the defendant is not liable . The point you are to observe is ...
Page 42
... defendant moved the court to direct the jury to return a verdict for the defendant for the reasons following , to - wit : " The evidence shows without conflict that the contract or subscription upon which the plaintiff claims to recover ...
... defendant moved the court to direct the jury to return a verdict for the defendant for the reasons following , to - wit : " The evidence shows without conflict that the contract or subscription upon which the plaintiff claims to recover ...
Page 43
... defendant . To this action the plaintiff ex- cepted . A written contract imports a consideration . It is however com- petent to show a failure of consideration to defeat an action upon the contract , the burden of proof being upon the ...
... defendant . To this action the plaintiff ex- cepted . A written contract imports a consideration . It is however com- petent to show a failure of consideration to defeat an action upon the contract , the burden of proof being upon the ...
Page 54
... defendant wrongfully detains possession of said prop- erty from the plaintiffs at Des Moines , Polk county , Iowa , and that the same is of the value of one hundred and nineteen dollars ; that said property was taken neither on the ...
... defendant wrongfully detains possession of said prop- erty from the plaintiffs at Des Moines , Polk county , Iowa , and that the same is of the value of one hundred and nineteen dollars ; that said property was taken neither on the ...
Page 58
... defendant did not intend to pay , and the defendant induced this belief intending to deceive the plaintiff and induce him to sell the goods to defendant , and plaintiff was thereby deceived and was induced by this misrepre- sentation to ...
... defendant did not intend to pay , and the defendant induced this belief intending to deceive the plaintiff and induce him to sell the goods to defendant , and plaintiff was thereby deceived and was induced by this misrepre- sentation to ...
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Common terms and phrases
action agent alleged Allen appellant appellee applied attorney authority bank bill carrier cause character charge Chicago City Railway cited claim common carrier common law complainant conductor Constitution contract corporation counsel courts of equity creditors damages debt declared defendant's discharge doctrine duty evidence executed fact fraud Georgia Railroad held indorser injury intention Iowa judge Judgment affirmed jurisdiction jury justice Kentucky Central Railroad land liable marriage Mass ment mortgage negligence Negotiable instrument nuisance opinion owner paid party passenger payment Penn person plaintiff had judgment plaintiff in error possession principle promissory note purchase purpose question Railroad Company reason receipt recover rule Smith statute statute of frauds suit supra sustained testator testimony ticket tion train trespass trial trustees Wend witness
Popular passages
Page 270 - ... and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Page 137 - The question whether a law be void for its repugnancy to the Constitution is at all times a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case.
Page 22 - If the directors of any such company shall declare and pay any dividend when the company is insolvent, or any dividend the payment of which would render it insolvent, they shall be jointly and severally liable for all the debts of the company then existing...
Page 500 - Reasonable cause has been generally defined to be such a state of facts as would lead a man of ordinary care and prudence to believe and conscientiously entertain an honest and strong suspicion that the person is guilty of a crime.
Page 24 - ... shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be thereafter contracted...
Page 253 - No will in writing, except in the cases hereinafter mentioned, nor any part thereof, shall be revoked, or altered, otherwise than by some other will in writing, or some other writing of the testator, declaring such revocation or alteration, and executed with the same formalities with which the will itself was required by law to be executed...
Page 271 - ... whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 718 - The effect of these decisions we understand to be this, namely, that a contract for the sale of articles then existing, or such as the vendor in the ordinary course of his business manufactures or procures for the general market, whether on hand at the time or not, is a contract for the sale of goods, to which the statute applies. But, on the other hand, if the goods are to be manufactured especially for the purchaser, and upon his special order, and not for the general market, the case is not within...
Page 399 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract.
Page 423 - And to remove all doubts concerning the meaning of the word " inhabitant " in this constitution, every person shall be considered as an inhabitant, for the purpose of electing and being elected into any office, or place within this state, in that town, district, or plantation where he dwelleth, or hath his home.