The Northeastern Reporter, Volume 12
West Publishing Company, 1887 - Law reports, digests, etc
Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio.
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action affirmed agent agreement alleged amount answer appellant appellee applied assessment assignment authority Bank benefit bill bonds cause charge claim complaint condition consideration construction contract corporation counsel court debt decree deed defendant direct discharge duty effect entered entitled error evidence executed facts filed finding firm follows fund further give given ground held instructions intended interest issued judge judgment jury land liable lien Mass ment mortgage N. E. Rep necessary notice objection opinion owner paid parties payment person plaintiff possession premises presented proceedings proper prove purchase question railroad real estate reason received record recover reference respect reversed rule statute sufficient suit Supreme Court taken term thereof tion town trial trust York
Page 344 - ... unless such payment be made within two years next after the passage of such appropriation act ; and every such law, making a new appropriation or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied ; and it shall not be sufficient for such law to refer to any other law to fix such sum.
Page 323 - The cases, I think, go further, to this extent, that if the settlement is intended to be effectuated by one of the modes to which I have referred, the Court will not give effect to it by applying another of those modes. If it is intended to take effect by transfer, the Court will not hold the intended transfer to operate as a declaration of trust, for then every imperfect instrument would be made effectual by being converted into a perfect trust.
Page 459 - Is that whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that if he did not use ordinary care and skill in his own conduct with regard to those circumstances, he would cause danger of Injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such danger.
Page 285 - ... at the sums which a majority of the assessors have decided to be the full and true value thereof, and at which they would appraise the same in payment of a just debt due from a solvent debtor...
Page 434 - It is a settled doctrine of the law of agency in this state that, where the principal has clothed his agent with power to do an act upon the existence of some extrinsic fact necessarily and peculiarly within the knowledge of the agent, and of the existence of which the act of executing the power is itself a representation, a third person dealing with such agent in entire good faith, pursuant to the apparent power, may rely upon the representation, and the principal is estopped from denying its truth,...
Page 453 - Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect the plaintiff, without contributory negligence on his part, has suffered injury to his person or property.
Page 461 - It appears to us that a man who leaves in a public place, along which persons, and amongst them children, have to pass, a dangerous machine which may be fatal to any one who touches it, without any precaution against mischief, is not only guilty of negligence, but of negligence of a very reprehensible character, and not the less so because the imprudent and unauthorized act of another may be necessary to realize the mischief to which the unlawful act or negligence of the defendant has given occasion.
Page 8 - In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim...
Page 389 - Bigelow, where suit was brought by the riparian claimants against persons claiming portions of the 'sunk lands' by virtue of independent purchase thereof, the court held that the plaintiffs must succeed, if at all, on the strength of their own title and not on the weakness of their adversary's, and the decree of the chancery court dismissing plaintiff's bill to quiet title was affirmed.