Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Volumen1Edward O. Jenkins, 1847 |
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Página 149
... surety , negotiated a loan from Peck , the defendant , at usurious interest . Before the maturity of the note , and with knowledge that it was tainted with usury , Bunn paid it in full to Peck . He was at the time secured against loss ...
... surety , negotiated a loan from Peck , the defendant , at usurious interest . Before the maturity of the note , and with knowledge that it was tainted with usury , Bunn paid it in full to Peck . He was at the time secured against loss ...
Página 150
... surety and the holder , by virtue of the statute and the fact of payment ; a direct relationship which constitutes privity . It is the money of Bunn , the surety , which Peck has received , and he has received it to Bunn's use . The ...
... surety and the holder , by virtue of the statute and the fact of payment ; a direct relationship which constitutes privity . It is the money of Bunn , the surety , which Peck has received , and he has received it to Bunn's use . The ...
Página 151
... surety is cognizant of that defence , it strikes me that he fails to make it at his peril . It The rights of the principal are involved . The surety had no right by a voluntary payment to charge his principal with usurious interest ...
... surety is cognizant of that defence , it strikes me that he fails to make it at his peril . It The rights of the principal are involved . The surety had no right by a voluntary payment to charge his principal with usurious interest ...
Página 152
... surety , or that of principal and agent ? They are manifestly different , viewed as princi- pal and surety , from what they are as principal and agent . To subject them to the law of both relationships would be an absurdity . We must ...
... surety , or that of principal and agent ? They are manifestly different , viewed as princi- pal and surety , from what they are as principal and agent . To subject them to the law of both relationships would be an absurdity . We must ...
Página 154
... Rep . 234. Payment of a lebt , as surety or endorser , by conveying land which is received me as payment , will support the count for money paid , laid out Whitehead rs . Peck . and expended . - Ainslie 154 SUPREME COURT OF GEORGIA ,
... Rep . 234. Payment of a lebt , as surety or endorser , by conveying land which is received me as payment , will support the count for money paid , laid out Whitehead rs . Peck . and expended . - Ainslie 154 SUPREME COURT OF GEORGIA ,
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Términos y frases comunes
action administrator admitted aforesaid alleged amount appear apply assigned assumpsit authority Bank of Macon bill bona fide bond Bunn By-law cause Central Bank charter claim common law complainants contract counsel court erred court of equity Court of Ordinary creditors debt decision declared decree deed defendant in error discharge endorser entitled evidence execution executor fact fraud Georgia ground guardian Hawkinsville HINES HOLT holder Inferior Court insolvent intended interest issue John Judge judgment juror justice Legislature liable lien Lord Mansfield mortgage negroes notice nulla bona opinion paid party payment person plaintiff in error plea plead possession principal prisoner promissory notes prove purchaser question record recover rule scire facias sheriff slaves statute sued suit Superior Court Supreme Court surety term testator testimony thereof tion trial trust usury verdict void voire dire Whitehead witness writ
Pasajes populares
Página v - One shall be appointed for the term of six years, one for the term of four years, and one for the term of two years...
Página 97 - Mind the Mortality of My body and knowing that it is appointed for all men once to die do make and ordain this my Last Will and Testament...
Página 408 - the rule of law is clear, that, where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter, a different state of things, as existing at the same time.
Página 153 - In one word, the gist of .this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money.
Página 608 - That government can scarcely be deemed to be free, where the rights of property are left solely dependent upon the will of a legislative body, without any restraint. The fundamental maxims of a free government seem to require, that the rights of personal liberty and private property should be held sacred.
Página 4 - Haisten for and in consideration of the sum of one hundred and fifty dollars to him in hand paid, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged hath granted bargained sold and conveyed...
Página 546 - That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred.
Página 353 - A rule was obtained, calling on the plaintiff to show cause why the verdict should not be set aside...
Página 353 - ... sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Página xiii - Court either party shall die, the proper representatives in the personalty or realty of the deceased party, according to the nature of the case, may voluntarily come in and be admitted parties to the suit, and thereupon the cause shall be heard and determined as in other cases...