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action affirmed alleged allowed amount appellant apply authority bank bill called cause character charge cited claim common consideration Constitution construction contract corporation costs court creditors damages death debt decided decision defendant direct duty effect evidence execution existence express fact give given granted ground held hold husband injury intention interest judge judgment jury justice land liable limited liquors matter means ment mortgage nature necessary notice object opinion owner paid particular parties passed payment person plaintiff practice present principle purchaser question Railroad reason received referred regard relation respect respondent result rule seems statute street Supreme Court taken thing tion trial trust valid wife York