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, 2권Bancroft-Whitney, 1886 |
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24 페이지
... rules established for the security of third persons not parties in the original contract : Kyd , 280. But these rules ... rule , that written contracts are not to be varied by parol testimony : 3 Wils . 276. This principle of law cannot ...
... rules established for the security of third persons not parties in the original contract : Kyd , 280. But these rules ... rule , that written contracts are not to be varied by parol testimony : 3 Wils . 276. This principle of law cannot ...
58 페이지
... rule of court , it may be annulled by a decree in chancery , on a bill showing corrupt practices of the arbitrators or parties , or the mistake of the former , or any accident , or proper ground for a new trial , attending the case of ...
... rule of court , it may be annulled by a decree in chancery , on a bill showing corrupt practices of the arbitrators or parties , or the mistake of the former , or any accident , or proper ground for a new trial , attending the case of ...
76 페이지
... rule there is the consideration and interest . [ Not in Connecticut , see Horsford v . Wright , 1 Am . Dec. 8. ] In actions of fraud , there is no established rule of damages ; the jury give damages according to their judgment . So the ...
... rule there is the consideration and interest . [ Not in Connecticut , see Horsford v . Wright , 1 Am . Dec. 8. ] In actions of fraud , there is no established rule of damages ; the jury give damages according to their judgment . So the ...
81 페이지
... rule above stated in regard to a representation as to quantity will not apply where a vendor states as a positive fact of his own knowledge , that the land conveyed contains a given quantity . Here the purchaser has a right to rely on ...
... rule above stated in regard to a representation as to quantity will not apply where a vendor states as a positive fact of his own knowledge , that the land conveyed contains a given quantity . Here the purchaser has a right to rely on ...
99 페이지
... rule better established than " that the intention of the testator expressed in his will , if consistent with the rules of law , shall prevail . " In the expression of the intention , as Lord Hardwicke truly said in Bagshaw v . Spencer ...
... rule better established than " that the intention of the testator expressed in his will , if consistent with the rules of law , shall prevail . " In the expression of the intention , as Lord Hardwicke truly said in Bagshaw v . Spencer ...
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acres action admitted affirmed agent agreement alleged appear appellants appellee assignment assumpsit authority award barratry bill bond cargo cause chancery charge Charles Grigsby cited claim common law consideration considered contended contract conveyance counsel court court of chancery court of equity covenant creditors damages debt decision declaration decree deed defendant defendant's Demarara dollars entitled equity error evidence execution executors facts fraud fraudulent freight ground heirs held Henry Hill hundred indictment indorser insured intention interest Joseph Hill judgment jurisdiction jury justice land liable matter ment mesne profits mills mortgage notice opinion paid parol parties payment perjury person plaintiff plaintiff in error plea pleaded port possession pounds principle promise promissory note prove purchase question reason recover rule says ship sold statute statute of frauds surety testator testimony tion tract trial trust usury verdict vessel voyage warranty witness words
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40 페이지 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
422 페이지 - the objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant.
458 페이지 - ... or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
83 페이지 - And as touching such worldly estate as it hath pleased God to bless me with in this life I give, devise, and dispose of the same in the following manner and form.
421 페이지 - Every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself does not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute.
340 페이지 - That the maintaining of these actions upon such notes, were innovations upon the rules of the common law; and that it amounted to the setting up a new sort of specialty unknown to the common law, and invented in Lombard street, which attempted in these matters of bills of exchange to give laws to Westminster Hall.
518 페이지 - ... that a principal may be charged upon a written parol executory contract entered into by an agent in his own name, within his authority, although the name of the principal does not appear in the instrument, and was not disclosed, and the party dealing with the agent supposed that he was acting for himself, and this doctrine obtains as well in respect to contracts which are required to be in writing as to those where a writing is not essential to their validity.
521 페이지 - ... that no person or persons shall at any time hereafter make any entry into any lands, tenements, or hereditaments, but within twenty years next after his or their right or title, which shall hereafter first descend or accrue to the same; and in default thereof, such persons so not entering, and their heirs, shall be utterly' excluded and disabled from such entry after to be made, any former law or statute to the contrary notwithstanding.
458 페이지 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
163 페이지 - The true test of a commercial usage is, its having existed a sufficient length of time to have become generally known, and to warrant a presumption that contracts are made in reference to it.