The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volume 8
Bancroft-Whitney, 1886 - Law reports, digests, etc
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action admitted adverse possession agreement appears Assumpsit authority bank bill chancellor charge cited claim common law consideration considered consignee contract conveyance corporation court of equity covenant creditor damages debt debtor decided decision declaration deed defendant defendant's delivered demand detinue devise discharge doctrine dollars dower entitled equity evidence execution executors fact feme covert fraud grant grantor ground heirs held highway husband indorser intention interest issue Johns judge judgment jury justice land legislature liable Lord Lord Thurlow marriage Mass ment mortgage notice objection opinion owner paid parties partner payable payment person plaintiff plaintiff in error plea pleaded possession principle promise promissory note prove purchaser question reason received recover remedy replevin rule seised seisin settled settlement statute statute of limitations sufficient suit surety testator tion trespass trial trover trust usury Utica valid verdict void wife
Page 55 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature declared in its statutes, stands in opposition to that of the people declared in the constitution, the judges ought to be governed by the latter, rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Page 48 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 659 - In form it is a fiction : in substance, a remedy to recover the value of personal chattels wrongfully converted by another to his own use.
Page 54 - There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only...
Page 54 - ... Legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal ; that the servant is above his master ; that the Representatives of the People are superior to the People themselves ; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.
Page 251 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 666 - Accordingly, it would seem to be a sound rule of law, that wherever a corporation is acting within the scope of the legitimate purposes of its institution, all parol contracts made by its authorized agents, are express promises of the corporation ; and all duties imposed on them by law, and all benefits conferred at their request, raise implied promises, for the enforcement of which an action may well lie.
Page 220 - ... be liable on the warranty, because the servant was acting within the general scope of his authority, and the public cannot be supposed to be cognizant of any private conversation between the master and...
Page 329 - ... that the will of the giver according to the form in the deed of gift manifestly expressed shall be from henceforth observed...