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action actual admissible admitted allowed amount answer appeared applied assumpsit authority bill bond bound brought called cause character charge circumstances cited claim common Company consideration considered contained contended contract counsel count court damages debt decided decision deed defendant defendant's delivered delivery demand East entitled entry et al evidence express fact give given ground hand-writing hands held indorser Insurance interest issue Johns judge judgment jury justice liable Lord maker matter ment NESS Nisi Prius non-suit notice objection observed offered opinion original paid party payment person plaintiff Plea pleaded possession present principle produced promise proof protest proved question reason received recover refused rule says seems ship sold statute sufficient suit taken term testimony third tion trespass trial true verdict vessel Vide witness writing York
Page 125 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 183 - ... there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Page ii - An Act supplementary to an Act entitled an Act for the encouragement of learning, by securing the copies of maps, charts, and books to the authors and proprietors of such copies, during the times therein mentioned...
Page 253 - In the actions mentioned in the last section, the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages ; and whether he proves the justification or not, he may give in evidence the mitigating circumstances.
Page 8 - ... on any or all of the parties to such bill of exchange or promissory note, and specifying the mode of giving such notice and the reputed place of residence of the party to whom the same was given, and the post-office nearest thereto, shall be presumptive evidence of the facts contained in such certificate...
Page ii - ... and also to an act, entitled, " An act supplementary to an act, entitled, an act for 'be encouragement of learning, by securing the copies of maps, charts- and hooks- to the authors and proprietors of such copies, during the times therein mentioned, and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints.
Page 35 - That no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
Page 133 - You called a witness, and asked, whether he had ever seen the party write. If he said he had, whether more or less frequently, if ever, that was enough to introduce the subsequent question — whether he believed the paper to be his handwriting. If he answered, that he believed it to be so, that was evidence to go to the jury.
Page 233 - I now consider this as the correct rule,* that if there has been no beneficial service, there shall be no pay ; but if some benefit has been derived, though not to the extent expected, this shall go to the amount of the plaintiff's demand, leaving the defendant to his action for negligence The claim shall he co-extensive with the benefit.