Albany Law Journal, Volume 25Weed, Parsons & Company, 1882 |
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affirmed agreement Albany Law Journal alleged amount appear applied assignment attorney authority Bank bill bonds cause of action charge cited claim Code common carrier common law Constitution contract corporation counsel Court of Appeals court of equity creditors damages debt decided decision declared deed defendant demurrer duty easement entitled equity error evidence execution fact fee simple fraud Guiteau held husband indorsement injury interest judge judgment judicial jurisdiction jury justice land Legislature liable matter ment mortgage negligence notice Opinion owner paid party payment person Pinxton plaintiff plaintiff in error possession principle proceedings promissory note purchaser question railroad reason receiver recover reference rule statute statute of frauds statute of limitations sufficient suit Supreme Court testator tion trial trust wife writ York
Popular passages
Page 8 - to carry on the business of banking by discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of debt." So that the discount of negotiable paper is the form according to which they are authorized to make their loans, and the terms "loans" and "discounts" are synonyms. It was so said in
Page 94 - have cognizance of any suit to recover the contents of any promissory note or other chose in action in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in
Page 294 - jurisdiction the equal protection of the laws. What is this but declaring that the law in the States shall be the same for the black as for the white; that all persons, whether colored or while, shall stand equal before the laws of the States; and in regard to the colored race, for
Page 256 - upon the property, by mortgage, judgment, or otherwise, need be made parties to the action, unless such liens be matters of record; and immediately after filing his complaint, the plaintiff is required to file with the recorder of the county a notice of the pendency of the action, containing the names of the
Page 178 - must contain an allegation that the plaintiff was a shareholder at the time of the transaction of which he complains, or that his share had devolved on him since, by operation of law, and that the suit is not a collusive one to confer on a court of the United States jurisdiction of a case of which it would not otherwise
Page 292 - that in construing wills and indeed statutes, and all written instruments, the grammatical and ordinary sense of the word is to be adhered to, unless that would lead to some absurdity, or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words
Page 314 - such damages. The right to maintain such an action by the personal representative of the deceased, for causing his death, is authorized against the person who, or the corporation which, would have been liable if death had not ensued, whenever the death shall
Page 151 - in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Page 7 - paid, the person by whom it has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking
Page 294 - protection the amendment was primarily designed, that no discrimination shall be made against them by law because of their color? The words of the amendment, it is true. are prohibitory, but they contain a necessary implication of a positive immunity, or right, most valuable to the colored race—the right to exemption from unfriendly legislation against them distinctively as colored— exemption from legal discriminations,