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 74Abraham Clark Freeman Bancroft-Whitney Company, 1900 - Law reports, digests, etc |
Other editions - View all
Common terms and phrases
action agent agreement alleged American Glucose Company amount appellant appellee attorney authority bank bill bond broker cause charge circuit court claim common carrier common law complainants contract corporation court of equity creditors damages death debt debtor deceased decree deed defendant defendant's demurrer detinue dollars duty enforce entitled equity error evidence execution fact foreclosure fraud ground Harrison Ludington held homestead husband illegal injury intended interest issue judgment jurisdiction jury land larceny liability lien mandamus ment mortgage negligence owner paid party payment person plaintiff plaintiff in error possession principle proceedings public policy purchase purpose question railroad reason receiver recover refused restraint of trade rule sell setoff statute statute of frauds suit sureties sustained testator therein thereof tion trial trust usury vested void wife witnesses writ
Popular passages
Page 291 - That every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed...
Page 115 - ... happening by chance; unexpectedly taking place; not according to the usual course of things; or not as expected;' that, if a result is such as follows from ordinary means, voluntarily employed, in a not unusual or unexpected way, it cannot be called a result effected by accidental means ; but that if, in the act which precedes the injury, something unforeseen, unexpected, unusual occurs which produces the injury, then the injury has resulted through accidental means.
Page 489 - Every contract for the leasing for a longer period than one year, or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be In writing, and be subscribed by the party by whom the lease or sale is to be made.
Page 388 - The next contention is that the court erred in refusing to submit to the jury the question of probable cause for the arrest, and determined the issue itself as a matter of law.
Page 317 - ... functions being the consideration of the public grant, any contract which disables the corporation from performing those functions, which undertakes, without the consent of the State, to transfer to others the rights and powers conferred by the charter, and to relieve the grantees of the burden which it imposes, is a violation of the contract with the State, and is void as against public policy.
Page 261 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 270 - It is no answer to say that competition in the salt trade was not in fact destroyed, or that the price of the commodity was not unreasonably advanced. Courts will not stop to inquire as to the degree of injury inflicted upon the public ; it is enough to know that the inevitable tendency of such contracts is injurious to the public.
Page 244 - ... no conventional restraint of trade can be enforced unless the covenant embodying it is merely ancillary to the main purpose of a lawful contract, and necessary to protect the covenantee in the enjoyment of the legitimate fruits of the contract, or to protect him from the dangers of an unjust use of those fruits by the other party.
Page 914 - Future estates are either vested or contingent. They are vested, when there is a person in being, who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate.
Page 216 - That a trust is a combination of capital, skill or acts by two or more persons...