The Southwestern Reporter, Volume 44

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West Publishing Company, 1898 - Law reports, digests, etc

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Page 250 - York of the second part witnesseth that the said party of the first part for and in consideration of the sum of two hundred and seventy seven dollars money of account of the United States to him in hand paid by the said party of the second part...
Page 176 - Any merchant, grocer, or dealer in wares or merchandise, or trader in any business whatsoever, or the proprietor of any place of public amusement...
Page 368 - Error of law occurring at the trial, and excepted to by the party making the application.
Page 22 - The assured will take a complete itemized inventory of stock on hand at least once in each calendar year, and unless such inventory has been taken within twelve calendar months prior to the date of this policy one shall be taken in detail within thirty days of issuance of this policy, or this policy shall be null and void from such date.
Page 218 - To give a third party who may derive a benefit from the performance of the promise an action, there must be, first, an intent by the promisee to secure some benefit to the third party, and second, some privity between the two, the promisee and the party to be benefited...
Page 275 - To which question and answers the defendant objected "because it invades the province of the jury, is problematical, and is merely an opinion." The objections were overruled, and exceptions saved. The court charged the jury as follows: "If you find from the evidence in this case that on the...
Page 23 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be indorsed hereon or added hereto^ and no officer, agent, or other representative of this 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...
Page 145 - When so indicated, testimony as to trailing by a bloodhound may be permitted to go to the jury for what it is worth, as one of the circumstances which may tend to connect the defendant with the crime of which he is accused. When not so indicated, the trial court should exclude the entire testimony in that regard from the jury.
Page 204 - And I do hereby bind myself, my heirs, executors and administrators, to warrant and forever defend all and singular the said premises unto the said CD, his heirs and assigns, against myself and my heirs, and against every person whomsoever lawfully claiming or to claim the same, or any part thereof.
Page 22 - In this, the assured will keep such books and inventory in some place not exposed to a fire which would destroy the aforesaid building; and unless such books and inventories are produced and delivered to this company for examination, after loss or damage by fire to the personal property Insured hereunder, this policy shall be null and void, and no suit or action shall be maintained hereon.

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