A General Abridgment and Digest of American Law: With Occasional Notes and Comments, Volumen1

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Cummings, Hilliard & Company, 1823
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As to impeaching a promissory note on account of a considera tion
73
The execution of them
78
The principles and effects of assignments
80
General principles
81
Courts of record
86
Interest of parties in negotiable contracts as to evidence
88
A gift
90
How far can the tenants use of estovers diminish the inherit
102
Promises to deliver goods transfer stock c what damages on the breach of them
104
Criminal proceedings
105
CHAPTER LXXIX
108
Double and over insurance
109
A deliberate contract in writing is prima facie though not con
111
There are two kinds of considerations
113
A mere voluntary courtesy is not a consideration
114
Considerations executory
115
Ones promise is a consideration only when he can perform 24 A loss or prejudice to one is a good consideration
116
Considerations illegal in whole or in part are
117
If no cause of action exist there is no consideration 30 Considerations past
119
Considerations grounded on relationship
120
The discharge of a debt is a good consideration 33 So to prove a debt
121
So a bare relation between owner and tenant 35 Cohabitation when a consideration or not 36 Wifes consent a good consideration or not 37 The plts e...
123
Considerations continuing 42 Acts of officers considerations or not 43 A compromise of a doubtful right is a good ground of a pro mise 44 If no re...
124
A contract personal once discharged can never again be the consideration of a promise
126
Nudum Pactum
127
Consideration bad 49 A consideration of the promise must be proved though in writing
128
Right of way and disturbance of that right
130
ASSUMPSIT INDEBITATUS ASSUMPSIT
141
As to witnesses
142
CHAPTER III
143
CHAPTER IV
149
What is a breach of covenant
153
Insurance on freight
155
CHAPTER VI
156
Pleadings defence c in trover 12 Evidence in trover
160
CHAPTER LXXVIII
162
CHAPTER VIII
164
Three cases in Massachusetts and declarations
171
CHAPTER CI
172
Massachusetts statutes on the subject 2 What is waste? 3 General rules
173
Seaworthy
183
When one agrees to pay anothers debts how far assumpsit
212
This writ where it lies not 5 Where error does lie 6 Error against the record or not 7 Assigning errors in fact 8 Who may have a writ of error or not 9 ...
214
DEBT ON THE GAMING ACTS
215
Diminution and death of parties 11 Assignment of errors 12 Release of errors
223
CHAPTER CII
229
CHAPTER X
231
Nusances to houses
235
Agreement what
236
CHAPTER XII
254
General principles
257
Federal and State statutes
259
CHAPTER CLV
260
Leases and releases
262
ities
271
CHAPTER CXV
282
What is a market
287
CHAPTER LXIII
290
Submission to arbitration by attorney
294
CERTIORARI
297
CHAPTER CXLII
299
Sales at auction English cases
302
General principles
304
Certain principles in these cases
308
Reasons for bringing into one view the essential principles
315
Where certiorari lies or not 3 Essential parts of writs of error of certiorari of alias certiorari 4 Proceeding in certiorari
330
CHAPTER XIX
331
Debt on bylaws c and general principles
350
Wagering policy
358
Protests and reasonable notice
395
Protests forms
413
Where the party may have several actions on bills
415
Endorser how liable and amount
417
The amount recovered on a protested bill
420
Circuitous actions on notes
421
Bills and notes received in payment the effects 20 Several cases
422
Confirmations
441
Select principles in pleadings as to bills and notes CHAPTER XXI
445
English cases
447
American cases
450
Further English cases
454
CHAPTER XXII
457
Surrender
463
CHAPTER XXIII
475
In what cases assumpsit lies against carriers or
477
Where a carrier is not liable
479
When the carriers trust ends
480
Departure
484
CHAPTER XXIV
488
Assignment
490
Rules or maxims in evidence
492
CHAPTER LXXXIX
498
Declarations
504
COVENANTS AS TO QUIET ENJOYMENT AND TO SAVE HARMLESS AND NOTICE
505
Liens in equity
506
CHAPTER XXV
507
CHAPTER XXVI
515
Waste in trees
522
ESTATES IN FEE SIMPLE
532
CHAPTER XXVII
535
CHAPTER XXVIII
542
Promises on demand what damages on the breach of them 4 Promises to pay very unreasonable sums how treated and what damages allowed
547
Damages agreed as a measure of right between the parties 6 Of nominal damages
550
Damages in trespass vi et armis 8 Damages applied to the good part of the declaration
553
CHAPTER XXIX
554
Administrators how appointed
555
Executors how appointed
558
Rights and duties of both
560
English cases here applying
566
Pleas by defts
568
English authorities adopted here c American cases 5 When the action is suspended or not 6 Actions against an executor of his own wrong
570
Impending actions how and when executors and administra tors come in
573
CHAPTER LXXIII
576
The power of a surviving executor to sell lands
578
Where an executor c may be sued in his own name 13 Administration void or voidable
579
Administrators contracts to convey intestate estates 15 Exectors and administrators may retain c and take bonds of indemnity
581
Post of discharge what is one
583
Nil debet in various actions
584
Waste cases added 11 Remedies 12 Who is entitled to waste 13 Form of the remedy
586
Pleadings and evidence by executors and administrators 17 Where liable and entitled to actions the testator c was not liable
587
Remarks on the above matters of waste applying to this country
593
Several matters
596
A concise view of the power and duties of executors and ad ministrators in New York
598
CHAPTER XXX
603
The factors lien
605
Assumpsit by and against factors goods in transitu
608
General principles
613
General principles
615
Fraudulent conveyances and settlements as to creditors
616
CHAPTER XXXI
619
General principles
624
General principles and cases in England
651
Insurance brokers how liable
657
CHAPTER LVII
666
CHAPTER XXXIII
673
Who may enter and
678
CHAPTER LXXXI
693

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Página ii - District Clerk's Office. BE IT REMEMBERED, that on the tenth day of August, AD 1829, in the fifty-fourth year of the Independence of the United States of America, JP Dabney, of the said district, has deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit...
Página 232 - ... 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, or some other person thereunto by him lawfully authorized.
Página 233 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Página 87 - And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with, or affect private contracts or engagements, bona fide, and without fraud previously formed.
Página 146 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Página 380 - ... and also every such note payable to any person or persons, body politick and corporate, his, her, or their order, shall be assignable or indorsable over, in the same manner as inland bills of exchange are or may be, according to the custom of merchants...
Página 316 - no State . . . shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts.
Página 239 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Página 380 - ... assigned, or the money therein mentioned ordered to be paid by indorsement thereon, shall and may maintain his, her, or their action for such sum of money, either against the person or persons, body...
Página 232 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...

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