Modern American Law: A Systematic and Comprehensive Commentary on the Fundamental Principles of American Law and Procedure, Accompanied by Leading Illustrative Cases and Legal Forms, with a Rev. Ed. of Blackstone's Commentaries, Τόμος 14

Εξώφυλλο
Eugene Allen Gilmore, William Charles Wermuth
Blackstone Institute, 1915
 

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Περιεχόμενα

DIRECT AND CONSEQUENTIAL DAMAGES 18 Direct and indirect results in both torts and con tracts
26
Usually is question for the jury
27
Two classesTort and contract actions
28
Future profits
30
Certain profits
31
Where profits are part of the contract
33
Consequences foreseen
34
Same subject continued
36
Unlawful acts of defendant
37
CHAPTER V
38
Question arises in different ways
39
Conflicting views
40
Duty when subjacent support removed
42
When damages recoverable in one action only
43
When more than one action
44
Same subjectRule stated
46
Same subjectBuildings erected on anothers land
47
Entire damages in contract actions
48
Divisible contracts
50
CHAPTER VI
52
Mental suffering connected with actionable wrong
53
May be proper in actions on contract
54
Recovery in cases of injury without personal impact
55
Same subjectThe public policy view
56
Negligence and willfulness
58
Physical injury resulting from fright
60
Evasion of the rule
61
Fright without physical injury
63
No recovery for sympathetic suffering
64
CHAPTER VII
65
Plaintiffs duty when personal injuries are received
66
In action for breach of contract
67
Where plaintiff proceeds with the contract after de fendant has given notice to stop
68
Expense of avoiding loss must be borne by de fendant
69
Forward contracts
70
Anticipatory breach
71
Reduction of damages
73
Benefits by operation of law or from a stranger
74
CHAPTER VIII
76
Where there is no market value of property
77
No value or artificial value
79
Proof of value
80
SECTION PAGE 64 Interest as damages
83
When interest payable
84
Demand when necessary
85
Legal rate
86
The jurys discretion to allow interest in actions sounding in tort
87
Interest as a matter of right
88
Same subjectInterest as compensation
89
CHAPTER X
92
Lateral support a property right
93
Same subjectRule stated
95
Lateral support taken by municipality
96
Is damage only consequential?
97
Compensation to owner is required
100
Rule when building on land
101
Conclusions as stated
102
CHAPTER XL
103
Counsel fees in other causes of action
105
Counsel fees in tort actions
106
Malicious prosecution and false imprisonment
109
CHAPTER XII
110
Value when converted
111
Willful taking by defendant
112
Value at time of purchase by innocent purchaser
113
Replevin of property on which labor has been done
114
CHAPTER XIII
116
Mortgaged property
117
CHAPTER XIV
119
Difference between price and value of article
120
Breach of warranty of title to land
122
Partial eviction
123
Remote vendee may recover
124
Bibliography
125
INTRODUCTION
127
Same subjectTime when interest must exist
138
Same subjectTime when interest must exist
146
SECTION PAGE
153
Same subjectThe insurer claims through the
159
Same subjectWhen does the right accrue?
165
Indemnity insurance
171
Parol waivers of rights under the policyParol evi
177
Same subjectWaiver subsequent to the delivery
184
SECTION PAGE
186
Life insurance
193
Life insurance
200
Same subjectSurrender value
207
Same subjectCreditor as the insured
213
PART III
215
Effect of breach
216
Ownership and change of ownership
217
Other insurance
218
Coinsurance
219
Various forbidden increases of risk
220
Vacancy of premises
223
Loss by fireWhat is fire?
227
Same subjectConsequential injury
229
Loss expressly excepted
231
Same subjectLoss by order of civil authority
232
Same subjectLoss by theft
234
Same subjectLoss by neglect of the insured
235
Same subjectLoss by lightning
236
Same subjectFall of building
237
Measure of damages
241
Same subjectOption to rebuild
242
Same subjectValued policy laws
243
Notice and proofs of loss
246
Other requirements subsequent to loss
248
Time within which action must be commenced
249
CHAPTER X
252
Same subjectThe mutual benefit association
253
SECTION PAGE 81 Payment of premiums
255
Payment of assessments
256
Effect of nonpayment
257
Excuses for nonpayment
260
Notice of premiums due
262
Suicide excepted
263
Exception of suicide sane or insane
264
Death at the hands of justice
266
CHAPTER XI
269
Implied warranties
271
The two classes of average losses
272
Total losses actual and constructive
273
Abandonment
274
CHAPTER XII
276
Visible mark of injury
278
Excepted risks
279
Same subjectAccident while intoxicated
280
Same subjectInhalation of gas
281
Total disability or loss of a member
282
GUARANTY AND LIABILITY INSURANCE
284
THE HISTORY AND DEVELOPMENT OP ADMIRALTY LAW SECTION PAGE 1 Nature of admiralty law
287
Liability for injuries causing death
297
Collisions
298
The act authorizing a lien for supplies in a domestic port
299
Bottomry and respondentia bonds
300
THE OWNERSHIP OF VESSELS SECTION PAGE 19 The transfer of vessels
301
Maritime liens
303
Mortgages
304
Contract of affreightment an entire contract
306
Charter parties
307
The Harter Act
308
CHAPTER IV
310
Towage
312
Marine insurance
313
Total and partial loss
314
Salvage
315
The salvage award
316
Collisions
317
Damages in collision cases
318
Practice in admiralty
319
Bibliography
320
MEDICAL JURISPRUDENCE CHAPTER I
321
Medical experts
322
Compensation
324
Relation of physician and patient
325
Dying declarations
326
Coroners
327
Presumption of survivorship
329
CHAPTER II
330
CHAPTER III
333
Of bones
334
Of bloodstains
335
CHAPTER IV
338
MODES OF DEATH SECTION PAGE 17 Syncope
343
Suffocation
344
Strangulation
345
Drowning
346
Death from cold
347
Death from starvation
348
CHAPTER VI
349
Medicolegal consideration of wounds
350
Burns and scalds
351
CHAPTER VII
353
Signs of delivery
354
Abortion
355
CHAPTER VIII
357
LEGITIMACY AND PATERNITYRAPE
362
Evidences of poisoning
369
Criminal liability of the insane
375
Leading Illustrative Cases Table of Contents
401
TITLE OP CASE PAGE
405
LAW OF DAMAGES
409
CHAPTER II
418
CHAPTER III
426
Baxendale
428
Pomeroy Coal Company
434
Marsiglia
442
CHAPTER VIII
449
City of Troy
454
CHAPTER X
460
CHAPTER XI
467
DAMAGES WHERE OWNER HAS A LIMITED INTEREST
474
BREACH OF WARRANTY
477
TITLE OP CASE PAGE
564
Butler
574
Forms Table of Contents
577
Trust Deed
634
Warranty Deed
636
Warranty Deed Statutory Form
638
Easement for Light
639
Easement for Eight of Way
641
Easement for Water Bights
642
Articles of Separation
645
Apartment LeaseShort Form
646
Ground Lease
648
Farm Lease with Mortgage Covenants
651
Mining Lease
654
Lease of Personal Property
655
Landlords Notice to Quit for NonPayment of Rent
656
Tenants Notice of Termination of Tenancy
657
Chattel Mortgage Affidavit to Extend
660
Realty Mortgage
661
Release of Mortgage
662
Power of Attorney to Sell Lands
663
Declaration of Trust in Realty
664
CHAPTER III
665
Petition for Discharge of Bankrupt
666
Petition by Creditors
667
Petition by Creditors for Receiver
668
Petition by Debtor
669
Proof of Debt
670
Appeal Bond
672
Conservators Bond
674
NO PAGE 112 Injunction Bond
675
Removal Bond
676
Dedimus for Oral Interrogatories
677
Dedimus Notice
678
Deposition Notice
679
Affidavit for Attachment
680
Affidavit for Garnishment
681
Abstract Skeleton
682
Bill of Exceptions Caption and Conclusion
683
Brief Skeleton
684
Writ of Error
685
Bill for Foreclosure of Mortgage
689
Bill of Interpleader
691
Bill for Mechanics Lien with Statement of Claim
693
Bill for Partition
697
Notice of Foreclosure of Mortgage
698
Answer
699
Summons
700
Answer
701
Complaint for Deceit in Sale of Personalty
702
Complaint for Libel
703
Caption for Amended Declaration
704
Declaration in Assumpsit for Refusal to Accept Goods
707
Declaration in Assumpsit on Insurance Policy
708
Declaration in Assumpsit for Breach of Promise to Marry
709
Declaration in Assumpsit on Promissory Note with Confes sion Narr and Cognovit
710
Declaration in Case for Wrongfully Causing Death
711
Declaration in Case for Personal Injuries
713
Declaration in Case for Damage to Property by Carrier
714
Declaration in Covenant for Breach of Warranty
715
Declaration in Action of Debt
716
Complaint in Forcible Detainer
717
NO PAGE 203 Petition for Change of Venue
744
Assignment of Dower
745
Codicil to a Will
746
Proof of Claim Against an Estate
747
Trust Devise
748
Will
749
Index
751
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Σελίδα 527 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the insured unless so written or attached.
Σελίδα 636 - TOGETHER WITH ALL AND SINGULAR the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof ; and all the estate, right, title, interest, claim or demand whatsoever, of the said.
Σελίδα 429 - Now, if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Σελίδα 672 - Dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly, severally, and firmly by these presents.
Σελίδα 671 - Deceased, do make or cause to be made a true and perfect Inventory...
Σελίδα 636 - Witnesseth: That the said party of the first part for and in consideration of the sum of five hundred dollars ($500.00), lawful money of the United States of America, to them in hand paid by the said party of the second part...
Σελίδα 446 - The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance. But in that case he keeps the contract alive for the benefit of the other party as well as his own...
Σελίδα 500 - 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.
Σελίδα 751 - I hereby appoint sole executrix of this my last will and testament ; hereby revoking all former wills by me made.
Σελίδα 538 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...

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