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 |
From inside the book
Results 1-5 of 81
Page 18
... duty , caused or permitted business to be commenced and policies to be issued . Sedgwick says : " Penal statutes are acts by which a forfeiture is imposed for transgressing the provisions of the act . " He moreover adds : “ A penal law ...
... duty , caused or permitted business to be commenced and policies to be issued . Sedgwick says : " Penal statutes are acts by which a forfeiture is imposed for transgressing the provisions of the act . " He moreover adds : “ A penal law ...
Page 23
... duty enjoined by the statute . It is immaterial whether that penalty be a specified sum , or the payment of the debts of the corporation . In either case it is a penalty imposed by statute . Nor is it perceived how the liability of the ...
... duty enjoined by the statute . It is immaterial whether that penalty be a specified sum , or the payment of the debts of the corporation . In either case it is a penalty imposed by statute . Nor is it perceived how the liability of the ...
Page 26
... duty , or forbid some wrongful act , and declare this liability as a penalty . " It forbids the wrongful act of ... duties enjoined by the statute , and not upon the contract of subscription . -- - - Precisely the same question was ...
... duty , or forbid some wrongful act , and declare this liability as a penalty . " It forbids the wrongful act of ... duties enjoined by the statute , and not upon the contract of subscription . -- - - Precisely the same question was ...
Page 31
... duties and exer- cise corporate powers as he may authorize and direct . In this case the clerk had assigned to him the general and special duty of looking for and arranging the evidence in cases where the company was sued by persons ...
... duties and exer- cise corporate powers as he may authorize and direct . In this case the clerk had assigned to him the general and special duty of looking for and arranging the evidence in cases where the company was sued by persons ...
Page 32
... duty delegated to him by the company , and in the performance of that duty he attempted the use of illegal means for the accomplishment of a legal end , and for the benefit of the com- pany . He did not attempt to suborn the witness for ...
... duty delegated to him by the company , and in the performance of that duty he attempted the use of illegal means for the accomplishment of a legal end , and for the benefit of the com- pany . He did not attempt to suborn the witness for ...
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Common terms and phrases
action admission agent alleged amount appellant appellee assignment authority bank bona fide purchaser cause certification character charge Chipley cited claim common carrier common law conductor consent Constitution contract contributory negligence corporation counsel courts of equity creditors damages debt declared defendant had judgment defendant's discharge doctrine duty error evidence executed fact fraud fraudulent Georgia Railroad held illegal indorser injury intention intoxicating Iowa Judgment affirmed jury Kentucky Central Railroad liable maker marriage Mass ment mortgage negligence Negotiable instrument nuisance opinion owner paid party passenger payable payment Penn person plaintiff had judgment plaintiff in error possession promise promissory note purchase purpose question Railroad Company reason recover remedy rule Smith statute supra surety sustained teller testator tion train trial trustee void
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.