The Northeastern Reporter, Volume 9
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 agent agreement alleged amount answer appellant appellee apply assessment assignment authority averment bank bill bond cause charge circuit court claim complaint condition consideration construction contract conveyed costs counsel court damages death debt decree deed defendant demurrer direct effect entitled error evidence exceptions executed facts filed finding follows give given heirs held hold instruction intended interest issue judgment jury land liable Mass mortgage motion N. E. Rep named necessary negligence notice objection opinion owner paid paragraph parties payment person plaintiff possession presented proceedings proper prove purchase question railroad real estate reason received record recover refused rendered respect rule secure statute street sufficient suit sustained taken tion town train trial trust verdict wife witness
Page 66 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Page 636 - We are not considering whether there was sufficient evidence to justify the jury in finding that 'the directors had knowledge of the contract and its terms.
Page 188 - No party to any civil action, suit, or proceeding, or person directly interested in the event thereof, shall be allowed to testify therein of his own motion, or in his own behalf, by virtue of the foregoing section...
Page 476 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 554 - ... distance within this State, the вате or a greater amount of toll or compensation than is at the same time charged, collected, or received for the transportation, in the same direction, of any passenger, or like quantity of freight of the same class, over a greater distance of the same railroad...
Page 61 - If such bonds can not be purchased at or below par, such treasurer shall invest such money in the bonds of the United States, of the State of New York, or of any town or village or city of...
Page 73 - The tax so levied must be computed and entered upon the assessment roll by the county auditor, and collected at the same time and in the same manner as state and county taxes, and when collected shall be paid Into the county treasury for the use of the district.
Page 391 - This contention is asserted by counsel on the strength of the cases which hold that, where a deed is placed in the hands of a third person, to be delivered to the grantee upon the performance of a certain condition by the grantee, a delivery in violation of the condition will not make the deed effective.