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 77Bancroft-Whitney, 1886 |
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Common terms and phrases
action admitted adverse possession agent agreement alleged allowed amount answer appears appellant appellee application assignment attachment authority Bank bill bond brought cause charge cited claim common complainant condition constitute contract court creditors damages debt decision deed defendant delivered discharge dollars effect entered entitled equity established evidence exceptions execution existing facts fraud give given Gray ground held hold hundred indorsed instruction intent interest issue judge judgment jury land liable master ment mortgage nature necessary notice objection offered officer opinion owner paid parties payment person plaintiff possession premises present principal proceedings proof proved purchaser question reason received record recover reference refused rule says Smith sold statute sufficient suit sustained taken tender tion trial trust unless valid whole witness writ
Popular passages
Page 75 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action, had he lived, against the latter for an injury for the same act or omission.
Page 530 - The question of fraudulent intent in all cases arising under the provisions of this chapter shall be deemed a question of fact and not of law; nor shall any conveyance or charge be adjudged fraudulent as against creditors or purchasers solely on the ground that it was not founded on a valuable consideration.
Page 515 - The rule of law is clear, that where one, by his words or conduct, wilfully causes another to believe in 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...
Page 456 - It is true that the assignee of a chose in action takes it subject to all the equities to which it was subject in the hands of the assignor...
Page 319 - Such an agent has duties to discharge, of a fiduciary character toward his principal ; and it is a rule of universal application, that no one having such duties to discharge shall be allowed to enter into engagements in which he has or can have a personal interest conflicting, or which possibly may conflict with the interests of those whom he is bound to protect.
Page 610 - On the one hand, it appears to be admitted that the opinions of witnesses possessing peculiar skill is admissible, whenever the subject matter of inquiry is such that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it without such assistance.
Page 222 - But, in truth, the mere relation of the master and the servant never can imply an obligation on the part of the master to take more care of the servant than he may reasonably be expected to do of himself.
Page 509 - ... made with the intent to hinder, delay or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts or demands, and every bond or other evidence of debt given, suit commenced, decree or judgment suffered, with the like intent, as against the persons so hindered, delayed or defrauded, shall be void.
Page 649 - The plaintiff in ejectment must recover upon the strength of his own title, and...
Page 157 - Before making the order, the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will ! pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least one hundred dollars.