The American Law Register, Volume 16; Volume 25D.B. Canfield & Company, 1877 |
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Common terms and phrases
action agent agreement alleged appear appellees applied assignment assumpsit authority Bank bill bill of lading bond cause charge cited claim common law condition consideration consignee constitution contract corporation corpuscles court of equity creditor damages debt debtor decision declared defendant defendant's delivered demurrage demurrer divorce doctrine domicile duty easements effect election entitled equity error estopped estoppel evidence execution fact filed fraud ground habeas corpus held injury interest issued judge judgment jurisdiction jury justice land Law Rep legislature liable marriage matter ment mortgage negligence notice opinion owner parol party payment Penna Pennsylvania person petition plaintiff plaintiff in error principle proceedings promise promissory note purchaser question reason received recover rule sect statute Statute of Frauds suit Supreme Court surety Term testator tion trial trust ultra vires United valid void votes writ
Popular passages
Page 475 - To establish a defence on the ground of insanity, it must be clearly proved that at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature or quality of the act he was doing
Page 573 - know that this is a power which may be abused, but that is no argument against its existence. For protection against abuses by legislatures the people must resort to the polls, not to the courts. After what has already been said it is unnecessary to refer at length to the effect of
Page 424 - causes another to believe the existence of a certain state of things and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as
Page 763 - to any other admissible matter which might have been offered for that purpose. But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered. In
Page 763 - to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but ns to any other admissible matter which might have been offered for that purpose.
Page 383 - promissory notes, drafts, bills of exchange and other evidences of debt; by receiving deposits, by buying and selling exchange, coin and bullion ; by loaning money on personal security, and by obtaining, issuing and circulating notes according to the provisions of this act.
Page 383 - to exercise all such incidental powers as shall be necessary to carry on the business of banking, by discounting promissory notes, drafts, bills of exchange and other evidences of debt; by receiving deposits, by buying and selling exchange, coin and bullion ; by loaning money on personal security, and by obtaining, issuing and circulating notes according to the provisions of this act.
Page 538 - by justices under 5 Geo. 4, c 83, s 4, which makes punishable as a rogue and vagabond " every person * * * using any subtle craft, means or device by palmistry or otherwise, to deceive and impose on any of his majesty's subjects." In a case stated for this court, the justices found as
Page 424 - be stated even more broadly than it is there laid down. A party, who negligently or culpably stands by and allows another to contract on the faith and understanding of a fact, which he can contradict, cannot afterwards dispute that fact in the action against the person, whom he has himself assisted in deceiving.
Page 26 - whenever any state has held an election for the purpose of choosing electors, and has failed to make choice on the day prescribed by law, the electors may be appointed on a subsequent day, in such a manner as the legislature of such state may direct: