The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volume 51Bancroft-Whitney, 1886 - Law reports, digests, etc |
From inside the book
Results 1-5 of 37
Page 48
... COUNT ON NOTE TO SET OUT MEMORANDUM thereon , which constitutes a defeasance or qualifies the stipulations of the note , is a variance , and the note will not support the count ; but if the declaration contains the common money counts ...
... COUNT ON NOTE TO SET OUT MEMORANDUM thereon , which constitutes a defeasance or qualifies the stipulations of the note , is a variance , and the note will not support the count ; but if the declaration contains the common money counts ...
Page 49
... count upon which the plaintiff could recover , the inquiry would then properly arise , whether the memorandum ... count on the note . But it is unnecessary to consider this point , as the writ contains the common money counts , and these ...
... count upon which the plaintiff could recover , the inquiry would then properly arise , whether the memorandum ... count on the note . But it is unnecessary to consider this point , as the writ contains the common money counts , and these ...
Page 50
... counts . This superseded the necessity of filing a bill of particulars , set- ting forth the note as a demand , upon ... count on the note , see Mel- ledge v . Boston Iron Co. , post , 59 , and note . OBJECTIONS NOT MADE IN COURT BELOW ...
... counts . This superseded the necessity of filing a bill of particulars , set- ting forth the note as a demand , upon ... count on the note , see Mel- ledge v . Boston Iron Co. , post , 59 , and note . OBJECTIONS NOT MADE IN COURT BELOW ...
Page 59
... COUNTING ON NOTE IS NOT Precluded frOM SURRENDERING IT so as not to amount to payment , and from recovering on a count for goods sold constituting the consideration , if he can not recover on the note . NOTE NOT IN CORPORATE NAME , and ...
... COUNTING ON NOTE IS NOT Precluded frOM SURRENDERING IT so as not to amount to payment , and from recovering on a count for goods sold constituting the consideration , if he can not recover on the note . NOTE NOT IN CORPORATE NAME , and ...
Page 60
... counts on certain notes alleged to have been made by the defendants , under the name of Horace Gray & Co. , and also a count on a special agreement for the sale and delivery of coal ; to which the defendants pleaded the pleas stated in ...
... counts on certain notes alleged to have been made by the defendants , under the name of Horace Gray & Co. , and also a count on a special agreement for the sale and delivery of coal ; to which the defendants pleaded the pleas stated in ...
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Common terms and phrases
action administrator adverse possession agent agreement alleged amount appear assignment assumpsit authority bank Barb bill bond charge citing the principal claim committed common law Commonwealth conspiracy contract conveyance corporation court of chancery court of equity covenant creditor damages debt debtor decision declaration decree deed defendant delivered delivery demand discharge doctrine entitled equity estoppel evidence execution executor fact fraud given granted grantor ground held Horace Gray indictment indorser injury intended interest IREDELL'S issue judge judgment jury land liable lien ment mortgage notice offense opinion owner paid parol party payable payment person plaintiff in error possession presumption promise promissory note proof proved purchaser question reason recover rule sell SMEDES Smith sold statute statute of frauds statute of limitations sufficient suit sureties tenant testator tion trespass trial trust verdict void wife writ writ of assistance
Popular passages
Page 577 - This statute is in derogation of the common law, therefore it is not to be extended by implication or construction. "As a rule of exposition, statutes are to be construed in reference to the principles of the common law ; for it is not to be presumed that the legislature intended to make any innovation upon the common -law, further than the case absolutely required.
Page 615 - ... when any husband shall have by cruel and barbarous treatment, endangered his wife's life or offered such indignities to her person as to render her condition intolerable, and life burdensome...
Page 94 - If two or more persons in any state or territory conspire, or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection Opinion of the Court. of the laws, or of equal privileges and immunities under the laws...
Page 656 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Page 93 - .If two or more persons conspire either to commit any offense against the United States or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, all the parties to such conspiracy shall be liable to a penalty of not more than ten thousand dollars, or to imprisonment for not more than two years or to both fine and imprisonment in the discretion of the court.
Page 250 - For, if a woman is quick with child, and by a potion or otherwise killeth it in her womb; or if any one beat her, whereby the child dieth in her body, and she is delivered of a dead child ; this, though not murder, was, by the ancient law, homicide or manslaughter.
Page 617 - House, but may be amended or rejected by the other; and on the final passage of all bills they shall be read at length, and the vote shall be by yeas and nays upon each bill separately, and shall be entered on the Journal ; and no bill shall become a law without the concurrence of a majority of the members elected to each House.
Page 622 - ... that whenever a question arises in a court of law of the existence of a statute, or of the time when a statute took effect, or of the precise terms of a statute, the judges who are called upon to decide it have a right to resort to any source of information which in its nature is capable of conveying to the judicial mind a clear and satisfactory answer to such question; always seeking first for that which in its nature is most appropriate, unless the positive law has enacted a different rule.
Page 755 - The clear result of all the cases, without a single exception, is that the trust of a legal estate, whether freehold, copyhold, or leasehold, whether taken in the names of the purchaser and others jointly, or in the name of others without that of the purchaser, whether in one name or several, whether jointly or successive, results to the man who advances the purchase money.
Page 502 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.