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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Contenido

Assumpsit generally grounded on this relation
88
A gift
90
CHAPTER XLVIII
108
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 CXLI
130
ASSUMPSIT INDEBITATUS ASSUMPSIT
141
As to witnesses
142
CHAPTER III
143
CHAPTER IV
149
CHAPTER VI
156
CHAPTER VIII
164
Three cases in Massachusetts and declarations
171
CHAPTER LXXII
172
Seaworthy
183
General principles
185
CHAPTER CXXI
192
Several cases
201
When one agrees to pay anothers debts how far assumpsit
212
DEBT ON THE GAMING ACTS CHAPTER CXLVI
215
CHAPTER LXXXIX
229
CHAPTER X
231
ESTATES IN FEE SIMPLE
243
CHAPTER XII
254
General principles
257
Federal and State statutes 2 Debt on judgment at common law 3 Some forms of judgment 4 The effect of a judgment
259
CHAPTER CLV
260
CHAPTER XIV
282
CHAPTER XV
290
Rules or maxims in evidence
297
CHAPTER XVI
299
General principles
304
CHAPTER CXXXVIII
313
Reasons for bringing into one view the essential principles
315
Pleas estopped what is an estoppel
322
General principles
330
CHAPTER XIX
331
Principles of abeyance
336
PLEAS IN DEBT
347
CHAPTER CVIII
417
DEBT FOR LEGACIES
419
CHAPTER XXI
445
Waste in dove houses in ponds trees for ornament
449
CHAPTER XXII
457
CHAPTER XXIII
475
CHAPTER XXIV
488
Waste cases added 11 Remedies
491
Alteration by statutes
494
PLEAS
497
CHAPTER CXI
498
Departure
504
Art General principles
505
CHAPTER XXV
507
CHAPTER XXVI
515
Who is entitled to waste
522
CHAPTER XXVII
535
CHAPTER XXVIII
542
what damages allowed
547
VOL I
549
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 4 English authorities adopted here c American cases 5 When the action is suspended or not 6 Actions against an executor of...
560
Several other cases decided on American statutes
573
CHAPTER LXXIV
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
580
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
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
Where a penal action is local 5 Many roles in construing statutes 6 When a statute takes effect 7 Statutes against natural justice or equity 8 Statutes pu...
599
CHAPTER XXX
603
The factors lien
605
CHAPTER XXXI
619
ACTION OF THE CASE ON TORTS NUSANCES
624
BARGAIN AND SALE
631
General principles and cases in England
651
Insurance brokers how liable 28 Sundry cases
657
CHAPTER LVII
666
Forfeitures
670
CHAPTER XXXIII
673
CHAPTER LXXXI
693

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Página 235 - 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 378 - ... 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 234 - 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...
Página 241 - 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 378 - ... 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 234 - ... 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.

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