The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 24Abraham Clark Freeman Bancroft-Whitney Company, 1892 |
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Common terms and phrases
adverse possession agent alleged amount appears appellant appellee authority bank bill of lading breach carrier cause of action charge cited claim club complainant contract contributory negligence conversion conveyance corporation cotton court of equity creditors damages debt decree deed defendant defendant's delivered dollars duty entitled equity error estoppel evidence execution fact fendant fraud grant grantor heirs held husband indorsement injury intent interest judgment jurisdiction jury land lease liable liquors loss ment Minn mortgage negligence NEGOTIABLE INSTRUMENTS notice officer opinion owner paid parties payment person plaintiff possession premises principal promissory note proof purchase question R. R. Co railroad reason received record recover refusal rule sell service of process statute statute of limitations stockholders suit testator thereof tion transaction trial trust usury valid vendor verdict void wife
Popular passages
Page 812 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Page 704 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 91 - ... to have and to hold the said abovo mentioned and described premises and every part and parcel thereof to the said parties, their heirs and assigns to the sole and only proper use, benefit and behoof of the said parties of the second part, .their heirs and assigns forever.
Page 413 - The objection," said Lord Mansfield in Holman v. Johnson, Cowp. 343, " that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, — by accident, if I may so say.
Page 529 - A creditor has an insurable interest in the life of his debtor, to the extent of the debt ; but if the debt be discharged, the policy becomes void.
Page 340 - 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 506 - ... the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Page 396 - ... and other property among the stockholders, after paying the debts due and owing by such corporation at the time of its dissolution, as far as such money and property will enable them ; to sue for and recover such debts and property by the name of the trustees of such corporation, describing it by its corporate name...
Page 912 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 18 - Every contract for the leasing for a longer period than one year, or for the sale of any lands, or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration is in writing, and subscribed by the party by whom the lease or sale is to be made, or by his authorized agent.