The South Western Reporter, Volume 267West Publishing Company, 1925 - Law reports, digests, etc Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas. |
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action affirmed agent alleged answer Appeal from Circuit appellant appellant's appellee automobile Bank Berry crossing bond cause charge circuit court Civil Appeals claim contract corporation Court of Appeals Court of Civil damages deceased deed defendant defendant's demurrer dence Digests and Indexes district election evidence facts fendant filed fraud grade crossings Graves county held Indexes 267 indorsement injury instruction issue Judge judgment jury Key-Numbered Digests land lease liability Louis lumber ment Missouri Morris Rich mortgage motorman negligence O'Reilly opinion paid parties payment petition plaintiff plaintiffs in error plea in abatement pleadings purchase question railroad reason refused remanded rendered reversed rule statute suit testified testimony thereof tiff tion topic and KEY-NUMBER track trial court trust verdict Ward County wife witness
Popular passages
Page 3 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course.
Page 387 - Provided, That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
Page 72 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 3 - A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face; (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; (3) That he took it in good faith and for value; (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 66 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 3 - The title of a person who negotiates an instrument is defective within the meaning of this Act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and, fear, or other unlawful means, or for an illegal consideration or when he negu tiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 203 - A person placing his signature upon an instrument otherwise than as maker, drawer or acceptor, is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to be bound in some other capacity.
Page 355 - It is impossible for us to shut our eyes to the fact that many of the laws of this character, while passed under what is claimed to be the police power for the purpose of protecting the public health or welfare, are in reality passed from other motives.
Page 4 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it
Page 438 - The appraisers shall first select a competent and disinterested umpire ; and failing for fifteen days to agree upon such umpire, then, on request of the insured or this Company, such umpire shall be selected by a judge of a court of record in the state in which the property covered is located.