The American and English Encyclopaedia of Law, Том 7David Shephard Garland, James Cockcroft, Lucius Polk McGehee, Charles Porterfield Edward Thompson Company, 1898 |
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Страница 4
... question is one for the court . Whether under a conceded state of facts the law will impute notice to the pur- chaser , is not a question for the jury . Bird- sall v . Russell , 29 N. Y. 220 . - 64 Actual and Constructive Notice . In ...
... question is one for the court . Whether under a conceded state of facts the law will impute notice to the pur- chaser , is not a question for the jury . Bird- sall v . Russell , 29 N. Y. 220 . - 64 Actual and Constructive Notice . In ...
Страница 24
... question to the defendant ( who was the bona fide holder of them for value ) , before the appointment of the receiver , the payment ( the transfer in question ) was valid , and should be permitted to stand . In regard to the first of ...
... question to the defendant ( who was the bona fide holder of them for value ) , before the appointment of the receiver , the payment ( the transfer in question ) was valid , and should be permitted to stand . In regard to the first of ...
Страница 36
... question which tended to criminate him . Irrespective of whether the refusal of the witness to answer the question constituted contempt of court , it was held that on applica- tion for a writ of habeas corpus , or on appeal , the only ...
... question which tended to criminate him . Irrespective of whether the refusal of the witness to answer the question constituted contempt of court , it was held that on applica- tion for a writ of habeas corpus , or on appeal , the only ...
Страница 42
... question that when the obligation . sued on is a " debt " within constitutional prohibitions , an imprisonment for ... questions in supplementary proceedings as to the whereabouts of property liable in execution is not imprisonment for ...
... question that when the obligation . sued on is a " debt " within constitutional prohibitions , an imprisonment for ... questions in supplementary proceedings as to the whereabouts of property liable in execution is not imprisonment for ...
Страница 47
... Questions a . IN GENERAL . The refusal of a witness to answer a proper question about a matter over which the court has jurisdic- tion , is a flagrant contempt . And a refusal to testify before , or answer a 9 1. Marshall v . York , etc ...
... Questions a . IN GENERAL . The refusal of a witness to answer a proper question about a matter over which the court has jurisdic- tion , is a flagrant contempt . And a refusal to testify before , or answer a 9 1. Marshall v . York , etc ...
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action agent agreed agreement Alabama Allen Mass bailee bailment Barb bill of lading breach cargo carrier cause charter-party charterer Chicago condition Conn consignee consul contempt contempt of court contract of affreightment contribution contributory negligence court damages debt defendant delivered delivery demurrage discharge doctrine duty ENCYC entitled Exch freight Gray Mass held hire hirer Illinois Indiana injury Iowa judgment jurisdiction jury land liable lien loading loss Louisville Massachusetts master ment Minn Missouri N. J. Eq N. Y. App North Carolina Ohio St owner paid party payment Pennsylvania Pennsylvania Co performance person plaintiff port pro hac vice punish Q. B. Div recover refusal resulting trust rule ship shipowner shipper Smith statute stipulation surety Tenn tion United vessel voyage York Cent
Популарни одломци
Страница 227 - That it shall be the duty of the owner or owners, masters or agent of any vessel transporting merchandise or property from or between ports of the United States and foreign ports...
Страница 59 - The free communication of thoughts and opinions is one of the invaluable rights of man: and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty.
Страница 110 - ... if, whatever a man's real intention may be, he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Страница 230 - American or foreign, for any embezzlement, loss, or destruction by any person of any property, goods, or merchandise shipped or put on board of such vessel, or for any loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity or knowledge of such owner or owners...
Страница 436 - But when there is no intermediate efficient cause, the original wrong must be considered as reaching to the effect, and proximate to it. The inquiry must, therefore, always be whether there was any intermediate cause disconnected from the primary fault, and self-operating, which produced the injury.
Страница 114 - Where the undertaking on one side is in terms a condition to the stipulation on the other, that is, where the contract provides for the performance of some act, or the happening of some event, and the obligations of the contract are made to depend on such performance or happening, the conditions are conditions precedent.
Страница 377 - The proximate cause of an injury is that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.
Страница 404 - Children, wherever they go, must be expected to act upon childish instincts and impulses; and others who are chargeable with a duty of care and caution towards them must calculate upon this, and take precautions accordingly. If they leave exposed to the observation of children anything which would be tempting to them, and which they in their immature judgment might naturally suppose they were at liberty to handle or...
Страница 228 - ... to exercise due diligence properly equip, man, provision, and outfit said vessel, and to make said vessel seaworthy and capable of performing her intended voyage, or whereby the obligations of the master, officers, agents, or servants to carefully handle and stow her cargo and to care for and properly deliver same, shall in any wise be lessened, weakened, or avoided.
Страница 115 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is...