Rights, Remedies, and Practice, at Law, in Equity, and Under the Codes: A Treatise on American Law in Civil Cases, with a Digest of Illustrative Cases, Τόμος 4

Bancroft-Whitney Company, 1891 - 531 σελίδες

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Σελίδα 6684 - The instrument is dishonored by non-payment when: 1. It is duly presented for payment and payment is refused or cannot be obtained; or 2.
Σελίδα 6460 - A statute of this character prohibiting the making of contracts, except in a certain manner, ipso facto makes them void if made in any other way.
Σελίδα 6830 - In an action to recover the statutory penalty for failure to transmit a message from an office in one State to an office in another State, the fact that the act of negligence which prevented the message from reaching its destination occurred out of the former will not defeat a recovery in that State.
Σελίδα 6379 - Whatever doubts may have existed heretofore on this subject, the better opinion, I think, now is, that courts of equity will support assignments, not only of choses in action, but of contingent interests and expectations and of things which have no present, actual existence, but rest in possibility only, provided the agreements are fairly entered into, and it would not be against public policy to uphold them.
Σελίδα 6528 - In order for an equitable estoppel to arise, there must generally be some intended deception in the conduct or declarations of the party to be estopped or such gross negligence as to amount to constructive fraud, by which another has been misled to his injury.
Σελίδα 6538 - We do not understand the information here referred to, to be confined to communications made by the patient to the physician, but regard it as protecting, with the veil of privilege, whatever, in order to enable the physician to prescribe, was disclosed to any of his senses, and which in any way was brought to his knowledge for that purpose.
Σελίδα 6449 - The system of chancery jurisprudence has been developed as carefully and as judiciously as any part of the legal system, and the judicial power includes it, and always must include it. Any change which transfers the power that belongs to a judge to a jury, or to any other person or body, is as plain a violation of the Constitution as one which should give the courts executive or legislative power vested elsewhere.
Σελίδα 6501 - ... but, if it be doubtful, upon the whole agreement, whether the sum named was intended to be a pen-alty or liquidated damages, it will be construed to be a penalty, it being the tendency of the courts to consider the contract as creating a penalty...
Σελίδα 6460 - It is true that a contract is not void as against public policy unless it is injurious to the interests of the public, or contravenes some established interest of society.
Σελίδα 6496 - Difference in ope'n policy, is, that under an open policy, in case of loss, the ' assured must prove the actual value of the subject of insurance; under a valued policy he need never do so, except in cases of enormous or fraudulent...

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