action affirmed agreed agreement alleged amount appears applied arising assumed authority bank become breach brought building cause charge checks claim condition construction contract court creditors crossing damages dangerous debt decision defective defendant discharge duty effect entered evidence fact failure false forgery give given grantee ground held hold injury insured intended interest Iowa judge judgment jury land liability limited look loss Mass matter means ment mortgage mortgagor N. Y. Supp nature negligence notice obligation operation opinion original owner paid party payment performance person plaintiff premises present principal purchaser question railroad reason received recover reference regard relation result rule sidewalk statute street suit supra surety tion track tract trust United Wash witness
345 페이지 - Claims arising out of the same transaction, or transactions connected with the same .subject of action, and not included within one of the foregoing subdivisions of this section.
45 페이지 - If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. Its nature gives warning of the consequences to be expected. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests, then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully.
434 페이지 - The testimony of a witness in this State may be taken by deposition in an action at any time after the service of the summons or the appearance of the defendant, and in a special proceeding after a question of fact has arisen therein, in the following cases: 1.
505 페이지 - No rule in the interpretation of a policy is more fully established, or more imperative and controlling, than that which declares that in all cases it must be liberally construed in favor of the insured, so as not to defeat, without a plain necessity, his claim to the indemnity which, in making the insurance, it was his object to secure.
168 페이지 - From this method of interpreting laws by the reason of them, arises what we call equity, which is thus defined by Grotius : "the correction of that wherein the law (by reason of its universality) is deficient.
419 페이지 - If it was sufficient of itself, it was a question of law for the court and not of fact for the jury.
511 페이지 - To indemnify the assured against loss from the liability imposed by law upon the assured for damages, on account of bodily injuries...
315 페이지 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
45 페이지 - Whether a given thing is dangerous may be sometimes a question for the court and sometimes a question for the jury. There must also be knowledge that in the usual course of events the danger will be shared by others than the buyer. Such knowledge may often be inferred from the nature of the transaction. But it is possible that even knowledge of the danger and of the use will not always be enough. The proximity or remoteness of the relation is a factor to be considered.
596 페이지 - The intention of the party making the annexation to make the article a permanent accession to the freehold; this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, and the policy of the law in relation thereto, the structure and mode of annexation, and the purpose or use for which the annexation has been made.