The Northeastern Reporter, Volume 31West Publishing Company, 1892 Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio. |
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Page 22
... ACTION ON VOID CONTRACT - RECOVERY IN As- SUMPSIT - WAIVER OF RIGHT . 1. In an action for breach of a partnership contract , void under the statute of frauds , plain- tiff cannot recover the value of his contribution to the partnership ...
... ACTION ON VOID CONTRACT - RECOVERY IN As- SUMPSIT - WAIVER OF RIGHT . 1. In an action for breach of a partnership contract , void under the statute of frauds , plain- tiff cannot recover the value of his contribution to the partnership ...
Page 23
... action for damages for the breach by the defendants of the contract to admit the plaintiff as a partner in the tannery business . The nature of the al- leged contract , whether verbal or written , was not alleged in the complaint . The ...
... action for damages for the breach by the defendants of the contract to admit the plaintiff as a partner in the tannery business . The nature of the al- leged contract , whether verbal or written , was not alleged in the complaint . The ...
Page 24
... action . The cause of action should have therefore been dismissed . But he was allowed to recover notwithstanding his failure to prove the contract he alleged , because in acting un- der the void contract he had , pursuant to its terms ...
... action . The cause of action should have therefore been dismissed . But he was allowed to recover notwithstanding his failure to prove the contract he alleged , because in acting un- der the void contract he had , pursuant to its terms ...
Page 39
... action to recover on a note , and to foreclose a real estate mortgage given to secure the note , appellate jurisdiction is in the supreme court , as such action is not for the recovery of money only . Appeal from circuit court ...
... action to recover on a note , and to foreclose a real estate mortgage given to secure the note , appellate jurisdiction is in the supreme court , as such action is not for the recovery of money only . Appeal from circuit court ...
Page 40
... action with effect , and return the prop- erty to defendant , if return be adjudged by the court , and pay all such sums of money as may be recovered in the action for any cause whatever . " The writ was dismissed without trial . Held ...
... action with effect , and return the prop- erty to defendant , if return be adjudged by the court , and pay all such sums of money as may be recovered in the action for any cause whatever . " The writ was dismissed without trial . Held ...
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Common terms and phrases
action affidavit affirmed agent agreement alleged amount answer Appeal from circuit appellate court appellee assessment authority averments bill bonds cause certificate charge circuit court claim commissioners complaint contract corporation counsel court of equity damages debt decree deed defendant defendant's demurrer dence duty easement entitled error evidence executed facts fee simple fendant filed held Hobart township injury issue James McClintock John Volz Judge judgment jury land liable lien Mass ment mortgage N. E. Rep N. Y. Supp negligence notice overruled owner paid parties payment person plaintiff plaintiff in error possession premises proceedings purchase purpose question Railroad Co railroad company real estate reason recover reversed rule sion statute street suit supreme court tained term testator thereof tiff tion tract trial trust verdict Voreis
Popular passages
Page 141 - Private property shall not be taken or damaged for public use without just compensation. Such compensation, when not made by the State, shall be ascertained by a jury, as shall be prescribed by law.
Page 227 - All lands and all personal estate within this State, whether owned by individuals or by corporations, shall be liable to taxation, subject to the exemptions hereinafter specified.
Page 159 - ... the said party of the first part, the said party of the second part does hereby covenant and agree to and with the party of the first part...
Page 62 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 329 - ... is a question of fact for the jury, and not one of law for the court, to pass upon.
Page 129 - To come under an implied invitation, as distinguished from a mere license, the visitor must come for a purpose connected with the business in which the occupant is engaged, or which he permits to be carried on there. There must at least be some mutuality of interest in the subject to which the visitor's business relates, although the particular thing which is the object of the visit may not be for the benefit of the occupant.
Page 219 - ... no appraisal had been made ; and at any stage of such new proceedings, the court may authorize the corporation, if in possession, to continue in possession, and if not in possession to take possession and use such real estate during the pendency and until the final conclusion of such new proceedings, and may stay all actions or proceedings against...
Page 60 - ... that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure...
Page 325 - ... of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive.
Page 395 - Whenever this Company shall pay the mortgagee (or trustee) any sum for loss or damage under this Policy and shall claim that, as to the mortgagor or owner, no liability therefor existed, this Company shall, to the extent of such payment, be thereupon legally subrogated to all the rights of the party to whom such payment shall be made...