The Practice in Courts of Justice in England and the United States, Volume 2

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From inside the book

Contents

Bond or covenant may be good in part and void for the resi
35
How far one covenant or clause is qualified by another
42
What is included in a covenant extending to the property con
48
Of conditions precedent what performance
59
When material that instrument should be
73
What is a sufficient assignment
79
Of covenants of warranty or for quiet enjoyment how these
85
Of the action on covenants in the convey
104
Action on covenant in bill of sale for a slave
113
Where contract is to pay a certain sum of money or to do
116
Of the action on a judgment or decree
123
Action on the bond of an executor or administrator lies for
129
How the validity of an unsealed instrument
131
As to alteration of a bill of exchange
137
What is a bill of exchange nature of
143
When acceptance is refused of foreign bill there must
149
Acceptance admits handwriting of drawer
157
Effect of the statute of Ann on a promis
164
What is a negotiable instrument in Pennsylvania Effect there
170
Of notice of dishonour how given
184
How notice is given in some cases it must be personally
191
What must be expressed in the notice
199
How notice of dishonour is proved
206
What damages are to be paid when bill
216
Rights of the holder of a bill or negotiable
222
50
241
Extent to which Maryland act gives a right of action to assig
264
Statute of Maryland gives assignee right of action against
270
46
275
Generally assignee must sue obligor or maker in a reasonable
276
Action on a promise to guaranty
284
Action on a promise to indemnify
299
Action on a contract for the sale of land
304
What is generally necessary to fix liability
330
Action for breach of a promise to marry
340
Morris 1 Adol
342
Husband not liable for supplies to wife living apart from
346
Clearly no implied contract by father to pay for goods furnish
353
Whether on a sale of personal property generally the contract
355
Under what circumstances a party who has done work but
412
Action for money lent
432
Action by a surety against a cosurety for contribution
439
Whether the action can be maintained without a payment
447
Where the defendant has obtained money by a fraud on
454
Special contract must be rescinded to enable party to recover
462
Action on a promise to account or on
488
Where the claim is by a legatee or distributee
494
What delivery to vendee will sustain his right against credi
501
Action by the owner for goods or the pro
506
Of a simple bailment how loss by fire falls
514
How lien which would otherwise exist may be excluded by
521
Of the innkeepers lien and the action
541
Action for a trespass committed by an offi
545
Action against a corporation for injury
546
Action for nuisance lies for him who is hurt by it It lies
547
Action by a husband for criminal conversa
553
Right of master to service of apprentice
562
Action for carrying off a slave or assisting or enticing him
568
Action against an officer for refusing at
575
Action for an unlawful or excessive distress
587
Action for a malicious prosecution or a
594
Action for slander or libel
600
Action for a fraudulent representation
618
Action for waste
630
Action for a trespass upon land
636
Action for damage from or to the cattle
645
Action for injury from an animal kept
656
Whether the action of a young child against one guilty
662
Action for the disturbance of a right
671
Action for injury from defendants building
672
Water not to be rendered less pure Rule in France
678
Action for injury to plaintiffs property
684
Liability of defendants who are guilty of negligence
690
Where railroad company has the use of a street whether
695
General rule as to principals responsibility for his servants
701
Liability for employing contractor to do an illegal act
710
569
718
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Page 413 - By the seventeenth section, it is enacted that " no contract for the sale of any goods, wares, and merchandises, for the price of ,10 sterling, or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 60 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is...
Page 663 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence.
Page 319 - All contracts or agreements, whether by parol or in writing, by way of gaming, or wagering, shall be null and void ; and no suit shall be brought or maintained in any court of law or equity, for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person, to abide the event on which any wager shall have been made...
Page 363 - ... for the use and occupation of what was so held or enjoyed; and if in evidence on the trial of such action any...
Page 50 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 494 - If goods are sold upon credit, and nothing is agreed upon as to the time of delivering the goods, the vendee is immediately entitled to the possession, and the right of possession and the right of property vests at once in him...
Page 694 - Salk. 282, as a general position," that no master is chargeable with the acts of his servant but when he acts in the execution of the authority given him." Now when a servant quits sight of the object for which he is employed, and without having in view his master's orders pursues that which his own malice suggests, he no longer acts in pursuance of the authority given him, and according to the doctrine of Lord Holt his master will not be answerable for such act.
Page 672 - ... it is a right only to the flow of the water, and the enjoyment of it, subject to the similar rights of all the proprietors of the banks on each side to the reasonable enjoyment of the same gift of Providence. It is only therefore for an unreasonable and unauthorised use of this common benefit that an action will lie...
Page 505 - product of or substitute for the original thing still follows the " nature of the thing itself as long as it can be ascertained to

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