The Practice in Courts of Justice in England and the United States, Volume 2A. Morris, 1855 |
From inside the book
Results 1-5 of 100
Page ix
... party who obtained the judgment or decree , or for the per- sonal representative of that party , or ( if he was a represen- tative ) of his decedent , 129 Title 2 . RIGHT OF ACTION ON BILLS OF EXCHANGE , PROMISSORY NOTES AND OTHER ...
... party who obtained the judgment or decree , or for the per- sonal representative of that party , or ( if he was a represen- tative ) of his decedent , 129 Title 2 . RIGHT OF ACTION ON BILLS OF EXCHANGE , PROMISSORY NOTES AND OTHER ...
Page xv
... party to it , 10. Whether on guaranty action will lie for a person not a party to it , · . CHAP . 29. - Action on a promise to indemnify , 294 296 296 298 299 1. As to consideration for promise ; and legality of act against which ...
... party to it , 10. Whether on guaranty action will lie for a person not a party to it , · . CHAP . 29. - Action on a promise to indemnify , 294 296 296 298 299 1. As to consideration for promise ; and legality of act against which ...
Page 3
... party to which the cross was annexed , without any other semblance of a seal ; and that it was not until long after the Norman conquest that seals were introduced into common use in England . Relph & c . v . Gist , 4 McCord 270. And he ...
... party to which the cross was annexed , without any other semblance of a seal ; and that it was not until long after the Norman conquest that seals were introduced into common use in England . Relph & c . v . Gist , 4 McCord 270. And he ...
Page 7
... party execute and deliver an instrument with a scrawl attached to it , it is considered as much his seal as if he had declared it to be so in the body of the instrument . Trasher v . Everhart , 3 Gill & J. 246. This is a looser course ...
... party execute and deliver an instrument with a scrawl attached to it , it is considered as much his seal as if he had declared it to be so in the body of the instrument . Trasher v . Everhart , 3 Gill & J. 246. This is a looser course ...
Page 10
... party - nothing to shew he did not intend it to operate immediately - that it is a valid and effectual deed , and that delivery to the party who is to take by it , or to any person for his use , is not essential . Garnons v . Knight , 5 ...
... party - nothing to shew he did not intend it to operate immediately - that it is a valid and effectual deed , and that delivery to the party who is to take by it , or to any person for his use , is not essential . Garnons v . Knight , 5 ...
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Other editions - View all
Common terms and phrases
13 Johns acceptance acceptor adm'r Adol agreement assignee assignor assumpsit authority Bank Barn bill of exchange bill or note Bingh blank bond breach Code of Virginia common law consideration considered contract convey conveyance covenant covenantee covenantor Cress Cush damages debt decision deed defendant delivered delivery dishonour drawee drawer East endorser eviction ex'or executed executor Gill Grang grant grantor Grat guaranty heirs held holder instrument Iredell Jones judgment land Law & Eq Law Rep lease Leigh lessee lessor liable Lord Lord Ellenborough maintain an action maker Mass ment Metcalf Monroe Munf negotiable notice obligee obligor party payable payee payment performance person Pick plaintiff promise to pay promissory note protest Rand Raym recover rent right of action rule Scott seal seisin shew Smith South Carolina statute statute of Ann supreme court Taunt term thereof tion vendor Virginia warranty Wend York
Popular passages
Page 413 - By the seventeenth section, it is enacted that " no contract for the sale of any goods, wares, and merchandises, for the price of £,10 sterling, or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 60 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is...
Page 663 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence.
Page 319 - All contracts or agreements, whether by parol or in writing, by way of gaming, or wagering, shall be null and void ; and no suit shall be brought or maintained in any court of law or equity, for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person, to abide the event on which any wager shall have been made...
Page 363 - ... for the use and occupation of what was so held or enjoyed; and if in evidence on the trial of such action any...
Page 50 - 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.
Page 494 - If goods are sold upon credit, and nothing is agreed upon as to the time of delivering the goods, the vendee is immediately entitled to the possession, and the right of possession and the right of property vests at once in him...
Page 694 - Salk. 282, as a general position," that no master is chargeable with the acts of his servant but when he acts in the execution of the authority given him." Now when a servant quits sight of the object for which he is employed, and without having in view his master's orders pursues that which his own malice suggests, he no longer acts in pursuance of the authority given him, and according to the doctrine of Lord Holt his master will not be answerable for such act.
Page 672 - ... it is a right only to the flow of the water, and the enjoyment of it, subject to the similar rights of all the proprietors of the banks on each side to the reasonable enjoyment of the same gift of Providence. It is only therefore for an unreasonable and unauthorised use of this common benefit that an action will lie...
Page 505 - product of or substitute for the original thing still follows the " nature of the thing itself as long as it can be ascertained to