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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The execution of them
78
CHAPTER XCVI
80
CHARACTER IN ISSUE
81
Courts of record
86
ESTATES FOR LIFE
87
A gift
90
ACTION OF COVENANT
96
PLEAS IN DEBT
100
How far can the tenants use of estovers diminish the inherit
102
Promises to deliver goods transfer stock c what damages
104
CHAPTER LXXIX
108
As to impeaching a promissory note on account of a considera tion
112
There are two kinds of considerations
113
A mere voluntary courtesy is not a consideration
114
Considerations executory 19 20 21 The debts of other persons where considerations or not 22 Both parties must be bound
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
CHAPTER LXXXVII
130
General principles
140
ASSUMPSIT INDEBITATUS ASSUMPSIT
141
CHAPTER III
143
CHAPTER IV
149
General principles
150
What is a breach of covenant
153
CHAPTER VI
156
General principles
162
CHAPTER VIII
164
Uses and trusts generally
170
Three cases in Massachusetts and declarations
171
CHAPTER LXXII
172
CASE FOR MISFEASANCE AND MALFEASANCE
200
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
Diminution and death of parties 11 Assignment of errors 12 Release of errors
223
CHAPTER LXXIII
229
CHAPTER X
231

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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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