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 55
Abraham Clark Freeman
Bancroft-Whitney Company, 1897 - Law reports, digests, etc
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action agent agreement alleged allowed amount appears appellant appellee application assignment authority Bank bill bond building cause charge claim common complaint condition consideration constitution contract corporation court creditors damages debt decree deed defendant deposit determine dollars duty effect enforce entitled equity error evidence executed existence express fact filed give given ground held hold hundred injury intention interest issued judge judgment jury land liability lien loss matter ment mistake mortgage necessary negligence notice opinion owner paid parties payment performance person plaintiff possession premises present principal proceedings purchase question reason received recover regarded relation respect result rule signed statute suit taken thereof tion trial trust valid void wife
Page 234 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 364 - That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services ; which not being descendible, neither ought the offices of magistrate, legislator, or judge, to be hereditary.
Page 617 - If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Page 617 - For no country ever takes notice of the revenue laws of another. " <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy...
Page 909 - The Superior Court shall have original jurisdiction in all cases in equity, and in all cases at law which involve the title or possession of real property...
Page 371 - All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof as the Legislature shall designate for that purpose.
Page 91 - Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried...
Page 233 - ... be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree shall submit their differences to the umpire; and the award in writing of any two shall determine the amount of such loss...
Page 770 - If, under guise of such a contract, the real intent be merely to speculate in the rise or fall of prices, and the goods are not to be delivered, but one party is to pay to the other the difference between the contract price and the market price of the goods at the date fixed for executing the contract, then the whole transaction constitutes nothing more than a wager, and is null and void under the statute.
Page 48 - But, where the contract is either expressly or tacitly to be performed in any other place, there the general rule is, in conformity to the presumed intention of the parties, that the contract, as to its validity, nature, obligation, and interpretation, is to be governed by the law of the place of performance.