Rights, Remedies, and Practice, at Law, in Equity, and Under the Codes: A Treatise on American Law in Civil Causes; with a Digest of Illustrative Cases, Volume 4Bancroft-Whitney Company, 1891 - Actions and defenses |
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Rights, Remedies, and Practice, at Law, in Equity, and Under the ..., Volume 2 John Davison Lawson No preview available - 2015 |
Common terms and phrases
action admissible agreement aliter appointed arbitrators assignment assumpsit attorney authority award bailee bailment bank bill or note bind bond breach carrier cause charter chattels common carrier condition construction contract contributory negligence court covenant creditors death debt deed defects defendant delivery discharge duty easement effect entitled equity evidence execution executor fraud garnishee guardian husband illegal implied power indorsement infant injunction joint judgment jurisdiction land landlord lease liable for injury libel lien marriage master measure of damages mortgage mortgageor MUNICIPAL CORPORATIONS NEGOTIABLE INSTRUMENTS notice nuisance officer owner parent parol partner partnership party passenger payable payment performance person plaintiff PLEADING power of agent principal promise purchaser railroad recover recovery refusing rendered replevin resulting trust servant slander SLANDER AND LIBEL statute statute of frauds statutory stockholder suit surety tenant tion tort trespass trust usurious valid void waive warranty wife writ
Popular passages
Page 6684 - The instrument is dishonored by non-payment when: 1. It is duly presented for payment and payment is refused or cannot be obtained; or 2.
Page 6460 - A statute of this character prohibiting the making of contracts, except in a certain manner, ipso facto makes them void if made in any other way.
Page 6830 - In an action to recover the statutory penalty for failure to transmit a message from an office in one State to an office in another State, the fact that the act of negligence which prevented the message from reaching its destination occurred out of the former will not defeat a recovery in that State.
Page 6379 - Whatever doubts may have existed heretofore on this subject, the better opinion, I think, now is, that courts of equity will support assignments, not only of choses in action, but of contingent interests and expectations and of things which have no present, actual existence, but rest in possibility only, provided the agreements are fairly entered into, and it would not be against public policy to uphold them.
Page 6528 - In order for an equitable estoppel to arise, there must generally be some intended deception in the conduct or declarations of the party to be estopped or such gross negligence as to amount to constructive fraud, by which another has been misled to his injury.
Page 6538 - We do not understand the information here referred to, to be confined to communications made by the patient to the physician, but regard it as protecting, with the veil of privilege, whatever, in order to enable the physician to prescribe, was disclosed to any of his senses, and which in any way was brought to his knowledge for that purpose.
Page 6449 - The system of chancery jurisprudence has been developed as carefully and as judiciously as any part of the legal system, and the judicial power includes it, and always must include it. Any change which transfers the power that belongs to a judge to a jury, or to any other person or body, is as plain a violation of the Constitution as one which should give the courts executive or legislative power vested elsewhere.
Page 6501 - ... but, if it be doubtful, upon the whole agreement, whether the sum named was intended to be a pen-alty or liquidated damages, it will be construed to be a penalty, it being the tendency of the courts to consider the contract as creating a penalty...
Page 6460 - It is true that a contract is not void as against public policy unless it is injurious to the interests of the public, or contravenes some established interest of society.
Page 6496 - Difference in ope'n policy, is, that under an open policy, in case of loss, the ' assured must prove the actual value of the subject of insurance; under a valued policy he need never do so, except in cases of enormous or fraudulent...