The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volume 18Bancroft-Whitney, 1876 |
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according action agent agreed agreement alleged amount appear appellant applied appointed assignment authority Bank bill bonds carrier cause charge cited claim common condition consideration considered constitution construction contract corporation court damages debt decided decision deed defendant delivered determine directed duty effect entitled error evidence executed existence express facts follows further give given grant ground heirs held hold indorsed injury instructions intention interest issue John judge judgment jury Justice land legislature liable limited loss marriage means Michigan nature necessary negligence notice opinion owner paid parties payment performance person plaintiff possession present principle proper purchase question Railroad reason received recover reference refused regard rendered respect road rule says Smith statute sufficient suit sustained taken tion town trial valid
Popular passages
Page 752 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract," so that it is no excuse if that which happens might have been provided against by the contract.
Page 486 - It is agreed between the sender of the following message and this company, that said company shall not be liable for mistakes or delays in the transmission or delivery, or for non-delivery of any unrepeated messa-ge, beyond the amount received for sending the same...
Page 531 - The liability of the owner of any vessel for any embezzlement, loss or destruction by any person of any property, goods or merchandise, shipped or put on board of such vessel, or for any loss, damage or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel and her freight then pending.
Page 534 - ... in all other cases where there is not a plain, adequate and complete remedy at law...
Page 332 - The powers of the government shall be divided into three distinct departments — the Legislative, Executive and Judicial ; and no person or persons belonging to, or constituting one of these departments, shall exercise any of the powers properly belonging to either of the others, except as herein expressly provided.
Page 289 - We know of no case, in which a legislative act to transfer the property of A to B, without his consent, has ever been held a constitutional exercise of legislative power in any State in the Union. On the contrary, it has been constantly resisted as inconsistent with just principles, by every judicial tribunal in which it has been attempted to be enforced.
Page 10 - And this company is hereby made the agent of the sender, without liability, to forward any message over the lines of any other company when necessary to reach its destination.
Page 557 - Private property shall not be taken or damaged for public use without just compensation. Such compensation, when not made by the State, shall be ascertained by a jury, as shall be prescribed by law.
Page 623 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant, and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Page 528 - ... vessel, or for any loss, damage, or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner or owners respectively, in such ship or vessel, and her freight then pending.