The American and English Encyclopedia of Law, Volume 21John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland E. Thompson, 1893 |
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Common terms and phrases
accept administrator admissible agreement alleged Allen Mass appear assumpsit Bank Barb bill of lading Blatchf bona fide purchaser bond breach buyer cause of action claim Conn contract of sale court court of equity creditor Cush damages decree defendant delivered delivery Dict duty equity estoppel evidence Exch executor fact fraud fraudulent Gray Mass ground held Iowa issue Jones judgment jurisdiction jury letters of administration letters testamentary liable lien lumber matter ment Minn Moak's Rep N. J. Eq notice offer Ohio St owner paid party payment person plaintiff pleadings possession probate purchaser question recover refusal rendered replevin res gesta res judicata rescind rescission robbery rule Sales 6th sell seller Smith sold statute sufficient suit Tenn tion tract vendee vendor Wend
Popular passages
Page 629 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either as arising naturally, ie, according to the
Page 143 - right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him. It is therefore enacted that 'whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action
Page 233 - parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose. Thus, for example, a judgment rendered upon a promissory note is conclusive as to the validity of the
Page 16 - The question is, whether the action is brought according to the terms of the statute 'to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade or dealings of any other person?
Page 629 - the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, 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
Page 201 - litigation between the parties in proceedings at law upon any ground whatever. 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
Page 629 - course of things.from such breach of contract itself, or such as may reasonably be supposed to have been in contemplation of both parties at the time they made the contract, as the probable
Page 223 - well settled that a former judgment of a court of competent jurisdiction is final and conclusive between the parties, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and had decided as incident to or essentially connected with the subject-matter of the litigation within the
Page 414 - tumultuous disturbance of the peace by three persons or more, assembling together of their own authority with an intent mutually to assist one another against any who shall oppose them, in the execution of some enterprise of a private nature, and afterward actually executing the same in a violent and turbulent manner, to the terror of the people, whether the act
Page 200 - 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 parties, upon the same matter directly in question in another court;