The American and English Encyclopedia of Law, Volume 16John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland E. Thompson, 1892 |
From inside the book
Results 1-5 of 79
Page 7
... payment , whether it be of money or of any article of personal property of a stipulated value made on account , and intended by the parties to be applied as a payment and not as a set - off pro tanto , will not make an account a mu ...
... payment , whether it be of money or of any article of personal property of a stipulated value made on account , and intended by the parties to be applied as a payment and not as a set - off pro tanto , will not make an account a mu ...
Page 8
... pay- ments on the other do not constitute mutual demands , and hence they are not mutual accounts . In Warren v . Sweeney the court held that the de- livery of the wagon was to be consid- ered as a payment on account . This view of the ...
... pay- ments on the other do not constitute mutual demands , and hence they are not mutual accounts . In Warren v . Sweeney the court held that the de- livery of the wagon was to be consid- ered as a payment on account . This view of the ...
Page 9
... payment on the count , and hence it was not a mutual account within the meaning of the stat ute , and that this last debit item would not draw the rest of the account out from the operation of the statute . While the merchant claimed ...
... payment on the count , and hence it was not a mutual account within the meaning of the stat ute , and that this last debit item would not draw the rest of the account out from the operation of the statute . While the merchant claimed ...
Page 10
... payment on account , to be applied if , and so far as necessary , to the payment of Jenkinson's demands . Here were mutual accounts , mutual credits founded on subsisting debts on the other side , and an implied agreement at least for a ...
... payment on account , to be applied if , and so far as necessary , to the payment of Jenkinson's demands . Here were mutual accounts , mutual credits founded on subsisting debts on the other side , and an implied agreement at least for a ...
Page 11
... pay , and these acceptances had been entered to the plaintiffs debit , so that the counter charge was necessary ... payment of their own debt and did not create any debt from the defendants , and that these charges on either side ...
... pay , and these acceptances had been entered to the plaintiffs debit , so that the counter charge was necessary ... payment of their own debt and did not create any debt from the defendants , and that these charges on either side ...
Other editions - View all
Common terms and phrases
action affidavit application assessment Assoc Bank Cas Barb beneficiary Blatchf boat Brown by-laws cause certificate Chicago collision common law Conn contract CONTRIBUTORY NEGLIGENCE corporation court damages defendant defendant's duty Encyc evidence fact fault granted ground held Hun N. Y. injury Iowa Jones judgment jury Knights of Honor Legion of Honor liable Lodge ment Minn Moore motion mutual N. J. Eq N. W. Rep N. Y. Supp national bank National Bank act navigable ne exeat negligence notice Ohio St owner party payment person plaintiff river rule sailing vessel schooner ship Smith Stat statute steam Steamboat steamer Supreme Tenn tion Torts trial Union Mut Union Nat United verdict Wall Wend witness York
Popular passages
Page 447 - There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or his servants and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence in the absence of explanation by the defendant that the accident arose from want of care.
Page 389 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Page 308 - In obeying and construing these rules due regard shall be had to all dangers of navigation and collision, and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger.
Page 434 - But it is generally held, that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 278 - ... (b) On the starboard side, a green light, so constructed as to throw an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least two miles.
Page 297 - ... other; in other words, to cases in which by day each vessel sees the masts of the other in a line or nearly in...
Page 293 - ... (c.) When both are running free, with the wind on different sides, the vessel which has the wind on the port side shall keep out of the way of the other.
Page 280 - ... so constructed as to show a uniform and unbroken light over an arc of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the ship, namely, from right ahead to two points abaft the beam...
Page 281 - A vessel under one hundred and fifty feet in length when at anchor shall carry forward, where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light, in a lantern so constructed as to show a clear, uniform, and unbroken light visible all around the horizon at a distance of at least one mile.
Page 240 - It would be a narrow rule to hold that in this country, unless a river was capable of being navigated by steam or sail vessels, it could not be treated as a public highway. The capability of use by the public for purposes of transportation and commerce affords the true criterion of the 113.