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action affirmed agent alleged amended amount answer appears apply assessment authority averment Bank bond brought cause charge Cincinnati Circuit Court claim Cleveland Code common pleas court concur condition construction contract counsel County cross damages defendant in error duty effect election evidence exceptions executed fact filed follows further Giffen give given ground Hamilton held hold injury intended interest issue Judge judgment jury lands liability limitations matter means motion N. E. Rep negligence notice objection officer Ohio St opinion party pass person petition plaintiff in error present proceeding purchaser question railroad Railway reason received record referred relating result reversed rule Smith and Swing statute street sustained taken testimony tion track trial trust verdict witness
134 페이지 - That it is complete and regular upon its face ; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
135 페이지 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title Of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
174 페이지 - Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
327 페이지 - Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence. Where these are wanting, the court is passive and does nothing. Laches and neglect are always discountenanced; and therefore from the beginning of this jurisdiction there was always a limitation to suits in this court.
134 페이지 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
133 페이지 - A bill is negotiated when it is transferred from one person to another in such a manner as to constitute the transferee the holder of the bill. (2) A bill payable to bearer is negotiated by delivery. (3) A bill payable to order is negotiated by the indorsement of the holder completed by delivery.
92 페이지 - All courts shall be open, and every person, for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law ; and justice administered without denial or delay.
676 페이지 - But according to the view we take of this case, it is unnecessary to consider the force of any of the objections urged by the appellants to the decrees rendered.
596 페이지 - Upon the question of the effect of this test upon the plaintiff's right of rescission the trial judge charged the jury as follows: "If you find from the evidence that the plaintiff...
74 페이지 - I take the law of this court to be well settled, that, in order to render a voluntary settlement valid and effectual, the settlor must have done everything which, according to the nature of the property comprised in the settlement, was necessary to be done in order to transfer the property and render the settlement binding upon him.