Lawyers' Reports Annotated, Књига 16Lawyers' Co-operative Publishing Company, 1905 |
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Страница 33
... fact from the applicant . 2. The New York court of appeals can- not draw the inference of fraud in the In general . The views taken of such knowledge are not en- tirely harmonious , that of the courts of some of the Eastern states being ...
... fact from the applicant . 2. The New York court of appeals can- not draw the inference of fraud in the In general . The views taken of such knowledge are not en- tirely harmonious , that of the courts of some of the Eastern states being ...
Страница 37
... fact inserted by a soliciting agent , without the knowledge and contrary to the instructions of the applicant , in an application not read to or by him , although it con- tained a printed clause of which he did not know and to which his ...
... fact inserted by a soliciting agent , without the knowledge and contrary to the instructions of the applicant , in an application not read to or by him , although it con- tained a printed clause of which he did not know and to which his ...
Страница 38
... facts were within the per- sonal knowledge of the agent Jacobs , who procured this insurance , furnishes no answer to ... fact of such rejection , procured the assured to make application to this defendant through him , as agent of the ...
... facts were within the per- sonal knowledge of the agent Jacobs , who procured this insurance , furnishes no answer to ... fact of such rejection , procured the assured to make application to this defendant through him , as agent of the ...
Страница 44
... fact there was an in- ing shown this , they must show a failure to vitation or inducement held out to Clem- perform the duty , and thus establish negligence ents to risk the consequence of contact . on the part of the defendant . It is ...
... fact there was an in- ing shown this , they must show a failure to vitation or inducement held out to Clem- perform the duty , and thus establish negligence ents to risk the consequence of contact . on the part of the defendant . It is ...
Страница 47
... fact that the term correctly expresses the status of contracts executed in violation of statute , as established by the overwhelming weight of authority . The statute was enacted to shield and protect married women from contracts from ...
... fact that the term correctly expresses the status of contracts executed in violation of statute , as established by the overwhelming weight of authority . The statute was enacted to shield and protect married women from contracts from ...
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action adverse possession affirmed agent alleged amendments appears appellant appellee application assessment Asso authority Bank bill brakeman Brenham cause cited claim Constitution contract contributory negligence corporation county clerk court of equity crossing damages debt decision deed defendant defendant's delivered the opinion duty election engine equity estopped evidence exercise fact filed held highway indorser injury Iowa John Volz journal judgment jurisdiction jury land legislative Legislature liability lien Marin county Mass ment Minn mortgage negligence notice Ohio St owner P. R. Co party passenger payment person plaintiff plaintiff in error premises proceedings question railroad company railway reason recover remittitur road rule Stat statute street supra SUPREME COURT surety thereof ticket tion track traction engine train trial void Voreis York Cent
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Страница 383 - Be it 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 and recover damages in respect thereof...
Страница 248 - ... all the lands whereof her husband was seized, of all estate of inheritance at any time during the marriage, unless she is lawfully barred thereof.
Страница 135 - That, by virtue of this, it is not only the right, but the bounden and solemn duty of a State, to advance the safety, happiness and prosperity of its people, and to provide for its general welfare, by any and every act of legislation which it may deem to be conducive to these ends; where the power over the particular subject, or the manner of its exercise is not surrendered or restrained, in the manner just stated.
Страница 362 - We think these decisions establish the doctrine on which we decide the present case; namely, that the acts for which a court of equity will on account of fraud set aside or annul a judgment or decree, between the same parties, rendered by a court of competent jurisdiction, have relation to frauds, extrinsic or collateral, to the matter tried by the first court, and not to a fraud In the matter on which the decree was rendered.
Страница 204 - The primary cause may be the proximate cause of a disaster, though It may operate through successive Instruments, as an article at the end of a. chain may be moved by a force applied to the other end, that force being the proximate cause of the movement, or as in the oft-cited case of the squib thrown in the market place.
Страница 388 - The general rule, resulting from considerations as well of justice as of policy, is, that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and in legal presumption, the compensation is adjusted accordingly.
Страница 389 - We agree with them in holding. — and the present case requires no further decision, — that the conductor of a railway train, who commands its movements, directs when it shall start, at what stations it shall stop, at what speed it shall run, and has the general management of it, and control over the persons employed upon it, represents the company, and therefore that, for injuries resulting from his negligent acts, the company is responsible.
Страница 123 - ... go to the informer and the other half to the county; and the corporation shall also be liable for all damages which shall be sustained by any person by reason of such neglect.
Страница 278 - Chinese subjects, whether proceeding to the United States as teachers, students, merchants or from curiosity, together with their body and household servants, and Chinese laborers who are now in the United States shall be allowed to go and come of their own free will and accord, and shall be accorded all the rights, privileges, immunities, and exemptions which are accorded to the citizens and subjects of the most favored nation.
Страница 134 - That if any person, being married, shall marry any other person during the life of the former husband or wife,' whether the second marriage shall have taken place in England or elsewhere, every such offender, and every person counselling aiding or abetting such offender, shall be guilty of felony...