The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 54Abraham Clark Freeman Bancroft-Whitney Company, 1897 - Law reports, digests, etc |
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Common terms and phrases
agent agreement alleged amount Anniston appellant appellee apply assignment attachment authority bank bill bills of lading bond cause of action charge cited claim complainant constructive trusts contract corporation court of equity creditors damages debt debtor declared decree deed defendant defendant's demurrer deposit doctrine dollars duty entitled error estoppel evidence execution extended note fact favor fraud fraudulent fund held homestead husband indorsement injury insolvent interest Iowa judgment jurisdiction jury land liable lien loan loss matter ment mortgage negligence opinion owner paid party payment person plaintiff plaintiff in error possession principle probate proceeding proof purchaser purpose question R. R. Co railroad company reason receiver recover relief rule servant statute statute of frauds suit thereof tion tort trial trust usurious valid void
Popular passages
Page 733 - ... whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public. Whatever restraint is larger than the necessary protection of the party, can be of no benefit to either; it can only be oppressive ; and, if oppressive, it is in the eye of the law unreasonable. Whatever is injurious to the interests of the public, is void on the ground of public policy.
Page 299 - Company shall have power to waive any provision or condition of this Policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto, and as to such provisions and conditions no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist...
Page 372 - If the debtor redeem, the effect of the sale is terminated, and he is restored to his estate.
Page 451 - ... to establish for the intercourse of citizens with citizens those rules of good manners and good neighborhood which are calculated to prevent a conflict of rights and to insure to each the uninterrupted enjoyment of his own so far as is reasonably consistent with a like enjoyment of rights by others.
Page 276 - We are of opinion, that there is no error in the judgment of the court below, and that it ought to be affirmed.
Page 328 - This is an appeal by defendant from a judgment in favor of plaintiff and from an order denying a motion for a new trial.
Page 674 - ... so far as to give validity to any pledge, lien or transfer made or created by such person or persons...
Page 333 - Exemplary or punitive damages, being awarded, not by way of compensation to the sufferer, but by way of punishment of the offender, and as a warning to others, can only be awarded against one who has participated in the offense. A principal, therefore, though of course liable to make compensation for injuries done by his agent within the scope of his employment, cannot be held liable for exemplary or punitive damages, merely by reason of wanton, oppressive, or malicious intent on the part of the...
Page 732 - We do not see how a better test can be applied to the question, whether reasonable or not, than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Page 72 - And in determining whether a particular act is done in the course of the servant's employment, it is proper first to inquire whether the servant was at the time engaged in serving his master. If the act be done while the servant is at liberty from the service, and pursuing his own ends exclusively, the master is not responsible. If the servant was, at the time when the injury was inflicted, acting for himself, and as his own master pro ternpore, the master is not liable.