Reports of Cases Argued and Determined in the Supreme Court of Alabama, 191권 |
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67 South action Affirmed agreement Alabama Alabama Power Company alleged ANDERSON appellee assigned authority aver Badham bill cause CERTIORARI Chancery Court charge charitable Circuit Court City of Birmingham claim coal Code Company complainant concur contract contributory negligence conveyance corporation counsel count Court of Appeals court of equity damages December 17 Decided January decree deed defendant defendant's demurrer duty equity error evidence execution fact February 11 fendant filed GRAFFENRIED grantee ground Heard Heard before Hon Hospital Huntsville injury interest intestate issue January 14 Jefferson Jefferson County judgment jury land liability lien MAYFIELD MCCLELLAN ment Mobile Infirmary Association mortgage municipal operation opinion overruled owner parties payee person plaintiff plea possession probate purchase question railroad reason respondent Reversed and remanded reversible error rule SAYRE servants statute supra sustained testator testimony thereof tion track trial court witness
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358 페이지 - A holder in due course is a holder who has taken the instrument under the following conditions : — 1. 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...
358 페이지 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
358 페이지 - Constitutes a Holder in Due Course. A holder in due course is a holder who has taken the instrument under the following conditions: 1. 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...
607 페이지 - In the next place, as to the liability of public agents for torts or wrongs done in the course of their agency, it is plain that the government itself is not responsible for the misfeasances, or wrongs, or negligences, or omissions of duty of the subordinate officers or agents employed in the public service ; for it does not undertake to guarantee to any...
223 페이지 - The statutes excluded from judicial favor, and subjected to this strictness of judicial construction — statutes which may be properly denominated retrospective, are such as take away or impair vested rights, acquired under existing laws, or create a new obligation, impose a new duty, or attach a new disability, in respect to transactions or considerations already past.
360 페이지 - That he took the bill in good faith and for value, and that at the time the bill was negotiated to him he had no notice of any defect in the title of the person who negotiated it.
573 페이지 - If the cause of action, as stated in the declaration, arises froiu a breach of promise, the action is ex contractu; but if the cause of action arises from a breach of duty, growing out of the contract, it is in form ex delicto and case.
531 페이지 - If you are reasonably satisfied from the evidence in this case that the motorman did not wantonly run his said car upon, over, or against Mr.
360 페이지 - Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed by delivery.
587 페이지 - Upon the principle that qui facit per alium facit per se. the master is responsible for the acts of his servant; and that person is undoubtedly liable who stood in the relation of master to the wrongdoer, he who had selected him as his servant from the knowledge of or belief in his skill and care, and who could remove him for misconduct, and whose orders he was bound to receive and obey...