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], Volumen24
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The American State Reports: Containing the Cases of General Value ..., Volumen43
Vista completa - 1895
action adverse possession agent alleged amount appears appellant applied authority bank bill cause charge claim club common condition consideration contract conversion corporation court creditors damages death debt decisions decree deed defendant delivered determined direct dollars duty effect entered entitled error evidence execution exercise existence fact give given grant ground held hold husband injury intent interest issue judgment jury knowledge land liable limited liquors loss matter mortgage negligence notice officer opinion original owner paid parties payment person plaintiff possession present principal proof purchase question reason received record recover reference refusal relation respect result rule says sell statute sufficient suit taken thereof tion trial trust valid wife
Página 814 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Página 706 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Página 93 - ... to have and to hold the said abovo mentioned and described premises and every part and parcel thereof to the said parties, their heirs and assigns to the sole and only proper use, benefit and behoof of the said parties of the second part, .their heirs and assigns forever.
Página 415 - The objection," said Lord Mansfield in Holman v. Johnson, Cowp. 343, " that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, — by accident, if I may so say.
Página 531 - A creditor has an insurable interest in the life of his debtor, to the extent of the debt ; but if the debt be discharged, the policy becomes void.
Página 342 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived, against the latter for an injury for the same act or omission.
Página 508 - ... the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Página 398 - ... and other property among the stockholders, after paying the debts due and owing by such corporation at the time of its dissolution, as far as such money and property will enable them ; to sue for and recover such debts and property by the name of the trustees of such corporation, describing it by its corporate name...
Página 914 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Página 20 - 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 is in writing, and subscribed by the party by whom the lease or sale is to be made, or by his authorized agent.