Legal Opinion, Volume 3

Front Cover
1872

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Page 346 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 254 - The execution of these powers falls within the line of its duties; and its control over the subject is plenary and exclusive. It can determine, without question from any State authority, how the armies shall be raised, whether by voluntary enlistment or forced draft, the age at which the soldier shall be received, and the period for which he shall be taken, the compensation he shall be allowed, and the service to which he shall be assigned.
Page 381 - Lordship for a rule to show cause why a nonsuit should not be entered, or why the verdict entered for the plaintiff' should not be set aside, and a New Trial had.
Page 323 - Company against loss or damage by fire, on merchandise, their own, or held by them in trust, or in which they have an interest or liability, contained in a certain described warehouse.
Page 271 - The powers of the agent are, prima facie, coextensive with the business intrusted to his care, and will not be narrowed by limitations not communicated to the person with whom he deals. An insurance company, establishing a local agency, must be held responsible to the parties with whom they transact business for the acts and declarations of the agent, within the scope of his employment, as if they proceeded from the principal.
Page 234 - And it is invalid not merely on the ground of fraud, where fraud exists, but on the ground that the mind of the signer did not accompany the signature ; in other words, that he never intended to sign, and therefore in contemplation of law never did sign, the contract to which his name is appended.
Page 288 - The legislatures of those districts, or new states, shall never interfere with the primary disposal of the soil by the Unite'd States in Congress assem-bled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers.
Page 271 - The principle is that where one party has by his representations or his conduct induced the other party to a transaction to give him an advantage which it would be against equity and good conscience for him to assert, he would not in a court of justice be permitted to avail himself of that advantage.
Page 255 - But, after the return is made, and the state judge or court judicially apprised that the party is in custody under the authority of the United States, they can proceed no further.
Page 320 - ... and taken up one hundred acres of land, At one penny an acre, and have cultivated ten acres thereof, and every person that hath been a servant or bondsman, and is free by his service, that shall have taken up his fifty acres of land, and cultivated twenty thereof, and every inhabitant, artificer, or other resident in the said province...

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