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 2
... doctrine would not apply to such declarations made to a third person , without proof that they were communicated to the party to be affected , and formed the inducement to the contract , or misled him to enter freely upon it . There is ...
... doctrine would not apply to such declarations made to a third person , without proof that they were communicated to the party to be affected , and formed the inducement to the contract , or misled him to enter freely upon it . There is ...
Page 7
... And this not only seems to be sound but wholesome doctrine . " In March v . Davison , 9 Paige , 587 , Chancellor WALWORTH , com- State v . Hardister . menting on Commonwealth v . MAY TERM , 1882 . 7 Buzzell, State v 587.
... And this not only seems to be sound but wholesome doctrine . " In March v . Davison , 9 Paige , 587 , Chancellor WALWORTH , com- State v . Hardister . menting on Commonwealth v . MAY TERM , 1882 . 7 Buzzell, State v 587.
Page 30
... doctrine of the courts . The rule relating to res gesta did not therefore prohibit the introduc- tion of this evidence . It is believed to be a rule never questioned , that it may be shown that a party has destroyed or suppressed ...
... doctrine of the courts . The rule relating to res gesta did not therefore prohibit the introduc- tion of this evidence . It is believed to be a rule never questioned , that it may be shown that a party has destroyed or suppressed ...
Page 34
... doctrine of Lord HOLT , his master will not be answerable for such act . " The doctrine announced is no doubt correct when ap- plied to a proper case . If , for example , a conductor or brakeman in the employ of a railroad company ...
... doctrine of Lord HOLT , his master will not be answerable for such act . " The doctrine announced is no doubt correct when ap- plied to a proper case . If , for example , a conductor or brakeman in the employ of a railroad company ...
Page 35
... doctrine might be cited , but we do not regard it necessary . It is true there are authorities holding the opposite view , but we do not think they declare the reason or logic of the law , and we are not prepared to follow them . The ...
... doctrine might be cited , but we do not regard it necessary . It is true there are authorities holding the opposite view , but we do not think they declare the reason or logic of the law , and we are not prepared to follow them . The ...
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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.