Reports of the Decisions of the Appellate Courts of the State of Illinois, Volume 14Callaghan., 1884 |
Contents
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Common terms and phrases
affidavit agent agreement alleged amount appears appellant appellant's appellee appellee's assumpsit attorney authority averred bill Bradwell Bullock cause of action cause remanded charge Chicago Circuit Court cited claimed complainant contract Cook county corn counsel court of equity damages debt declaration decree defendant in error defendant's demurrer Denny Lewis draft duty entitled equity estoppel evidence tending executed fact February 29 fendant fraud held injury instruction insured interest Judge judgment jury lease liable lumber Madison County ment Messrs mortgage National Bank negligence notice Opinion filed February paid party payable payment person plaintiff in error plea possession premises presiding proof purchase question railroad company reason received recover refused replevin Reversed and remanded rule Sparland statute Statute of Frauds Statute of Limitations street suit Supreme Court tending to show term testified tion transaction trial verdict witness writ
Popular passages
Page 644 - The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.
Page 677 - ... But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or...
Page 580 - ... and passenger rates. The provisions of this section shall extend and apply to any railroad, the branches thereof, and any road or roads which any railroad corporation has the right, license, or...
Page 398 - Hamilton v. McPherson, 28 NY 72, it is said by Judge Selden: 'The law, for wise reasons, imposes upon a party subjected to injury from a breach of contract, the active duty of making reasonable exertions to render the injury as light as possible.
Page 471 - That every railroad corporation shall, within six months after any part of its line is open for use, erect and thereafter maintain fences on both sides of its road or so much thereof as is open for use, suitable and sufficient to prevent cattle, horses...
Page 568 - To exercise by its board of directors, or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt...
Page 590 - ... of the same railroad; or if it shall charge, collect, or receive from any person or persons, for the use and transportation of any railroad car or cars upon its railroad...
Page 215 - ... where the relationship between the parties, as in this case, is such as to constitute a good and valid consideration in law for any gift or grant, the transaction is entirely free from such imputation. The direction of payment in the policy itself is equivalent to such an assignment.
Page 208 - It is indeed the general rule that a policy, and the money to become due under it, belong, the moment it is issued, to the person or persons named in it as the beneficiary or beneficiaries, and that there is no power in the person procuring the insurance by any act of his, by deed or by will, to transfer to any other person the interest of the person named.
Page 213 - It is the interest of Andrew Campbell in his own life that supports the policy. The plaintiff did not, by virtue of the clause declaring the policy to be for her benefit, become the assured. She is merely the person designated by the agreement of the parties to receive the proceeds of the policy upon the death of the assured.