Albany Law Journal, Том 44Weed, Parsons & Company, 1892 |
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Страница 3
... pay therefor to its principal contractor , paid an amount due thereon to plaintiff , who exe- cuted a bond for the completion of the work , which was verbally assented to by the defendant , and com- pleted the same . Defendant took ...
... pay therefor to its principal contractor , paid an amount due thereon to plaintiff , who exe- cuted a bond for the completion of the work , which was verbally assented to by the defendant , and com- pleted the same . Defendant took ...
Страница 4
... pay the judg- ment , was not within the statute . A very similar decision was made in Frash v . Polk , 67 Ind ... payment , the burden of that proof would be on him . But , on the other hand , when the defendant disputed the fact ...
... pay the judg- ment , was not within the statute . A very similar decision was made in Frash v . Polk , 67 Ind ... payment , the burden of that proof would be on him . But , on the other hand , when the defendant disputed the fact ...
Страница 14
... payment made . What are the rights of the parties in regard to what has been done in part performance of a contract ... payments on account of labor and materials furnished under such circumstances cannot recover back the money ...
... payment made . What are the rights of the parties in regard to what has been done in part performance of a contract ... payments on account of labor and materials furnished under such circumstances cannot recover back the money ...
Страница 16
... payment by the sur- rogate . If this be so , it is difficult to see how the claim arising upon the judgment can be barred by the statute of limitations , upon a refusal to refer . In Mo- Nulty's Case , Church , C. J. , says : " We think ...
... payment by the sur- rogate . If this be so , it is difficult to see how the claim arising upon the judgment can be barred by the statute of limitations , upon a refusal to refer . In Mo- Nulty's Case , Church , C. J. , says : " We think ...
Страница 23
... payment of certain promissory notes given in payment therefor . In an action on one of the promissory notes , held , that the title to the stock vested in the plaintiff company , and that there was a valuable consideration for the ...
... payment of certain promissory notes given in payment therefor . In an action on one of the promissory notes , held , that the title to the stock vested in the plaintiff company , and that there was a valuable consideration for the ...
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action agent agreement alleged appears applied authority Bank cars cause cause of action charge cited claim commerce common carrier common law Constitution contract contributory negligence corporation counsel Court of Appeals creditors damages David Dudley Field death debts deceased decision declaration defendant defendant's doctrine duty entitled error evidence execution executors exercise express fact fendant granted held Hurlbut injury interest John Gorton judge judgment June June 23 jurisdiction jury justice land Legislature liability ment natural gas negligence opinion owner paid party payment person plaintiff plaintiff in error promissory note proof purchase purpose question Railroad Railroad Co Railway reason received recover regulation rule statute statute of frauds suit supra Supreme Court testator tiff tion trial trust verdict wife witness words York
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Страница 197 - 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...
Страница 168 - No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes.
Страница 111 - ... happening by chance; unexpectedly taking place; not according to the usual course of things; or not as expected;' that, if a result is such as follows from ordinary means, voluntarily employed, in a not unusual or unexpected way, it cannot be called a result effected by accidental means ; but that if, in the act which precedes the injury, something unforeseen, unexpected, unusual occurs which produces the injury, then the injury has resulted through accidental means.
Страница 75 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision.
Страница 5 - Slaves cannot breathe in England ; * if their lungs Receive our air, that moment they are free, They touch our country, and their shackles, fall.
Страница 75 - It is just and reasonable that such a contract, fairly entered into, and where there is no deceit practiced on the shipper, should be upheld. There is no violation of public policy. On the contrary, it would be unjust and unreasonable, and would be repugnant to the soundest principles of fair dealing and of the freedom of contracting, and thus in conflict with public policy, if a shipper should be allowed to reap the benefit of the contract if there is no loss, and to repudiate it in case of loss.
Страница 171 - An alien may be admitted to become a citizen of the United States in the following manner, and not otherwise: "'First. He shall declare on oath before a circuit, or district court of the United States, or a district or supreme court of the Territories, or a court of record of any of the States having common-law jurisdiction, and a seal and clerk...
Страница 283 - ... (1). He may store or retain the property for the vendee, and sue him for the entire purchase price. (2). He may sell the property, acting as the agent for this purpose of the vendee, and recover the difference between the contract price and the price obtained on such resale; or (3).
Страница 31 - ... by which personal property was regarded as subject to the law of the owner's domicile, grew up in the Middle Ages, when movable property consisted chiefly of gold and jewels, which could be easily carried by the owner from place to place, or secreted in spots known only to himself. In modern times, since the great increase in amount and variety of personal property, not immediately connected with the person of the owner, that rule has yielded more and more to the lex situs, the law of the place...
Страница 29 - No reason is perceived why, if Congress chooses to provide that certain designated subjects of interstate commerce shall be governed by a rule which divests them of that character at an earlier period of time than would otherwise be the case, it is not within its competency to do so.