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action agent alleged amount appear applied authority Bank bill bonds cause charge cited claim common Commonwealth condition consideration considered constitution contract converted corporation court debt decree deed defendant delivered direct duty effect election embezzlement entitled equity error evidence execution exercise existence express fact give given granted ground guilty hands held hold indictment injury intent interest issue judge judgment jury land liable matter means ment necessary negligence notice object offense officers opinion owner paid parties partnership passed payment person plaintiff possession present principal proof proper prove purchase question railroad reason received recover refused regard Regina relation road rule servant statute sufficient suit taken tion town trial trust United unless wife witness
626 페이지 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
662 페이지 - wilfully,' however, in that rule, we must understand, if not that the party represents that to be true which he knows to be untrue, at least that he means his representation to be acted upon, and that it is acted upon accordingly; and if, whatever a man's real intention may be, he so conducts himself that a reasonable man would take...
458 페이지 - A civil war is never solemnly declared ; it becomes such by its accidents, — the number, power, and organization of the persons who originate and carry it on. When the party in rebellion occupy and hold in a hostile manner a certain portion of territory ; have declared their independence ; have cast off their allegiance ; have organized armies; have commenced hostilities against their former sovereign, the world acknowledges them as belligerents, and the contest a war.
406 페이지 - In the presence of the court or so near thereto as to interfere directly with the administration of justice...
626 페이지 - ... 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, or some other person thereunto by him lawfully authorized.
662 페이지 - ... 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 ; and conduct, by negligence or omission, where there is a duty cast upon a person, by usage of trade or otherwise, to disclose the truth, may often have the same effect.
384 페이지 - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money.
691 페이지 - But it lies for money paid by mistake, or upon a consideration which happens to fail, or for money got through imposition, (express or implied,) or extortion, or oppression. or an undue advantage taken of the plaintiff's situation, contrary to laws made for the protection of persons under those circumstances.
720 페이지 - Courts of equity have determined on grounds of high expediency that it is sufficient to bring before the court the first tenant in tail in being, and if there be no tenant in tail in being, the first person entitled to the inheritance, and if no such person, then the tenant for life.
660 페이지 - When a corporation has power, under any circumstances, to issue negotiable securities, the bona fide holder has a right to presume they were issued under the circumstances which give the requisite authority, and they are no more liable to be impeached for any Infirmity in the hands of such a holder than any other commercial paper.