Rights, Remedies, and Practice, at Law, in Equity, and Under the Codes: A Treatise on American Law in Civil Causes, with a Digest of Illustrative Cases
Bancroft-Whitney Company, 1890
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acceptance action actual agent agreed agreement Allen amount application assignment assured authority avoid Bank Barb bound breach Brown building caused certain claim condition Conn consideration contract court covenant creditor damages death debt debtor deed defendant delivered delivery discharge effect entitled equity executed express fact Fire fraud give given grantee Gray Held ILLUSTRATIONS implied insured intention interest Iowa Johns Jones land Leake on Contracts liable loss Mass matter means ment mortgage Mutual notice offer Ohio owner paid party payment performance person Pick plaintiff port possession premium promise purchaser reasonable received recover refused risk rule ship Smith sold specific statute subsequent sufficient suit tender tion tract unless valid vessel void warranty Wend
Σελίδα 4171 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Σελίδα 4170 - And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.
Σελίδα 3646 - If the assured, being in the possession of his ordinary reasoning faculties, from anger, pride, jealousy or a desire to escape from the ills of life, intentionally takes his own life, the proviso attaches, and there can be no recovery. If the death is caused by the voluntary act of the assured, he knowing and intending that his death shall be the result of his act, but when his reasoning faculties are so far impaired that he is not able to understand the moral character, the general nature, consequences...
Σελίδα 4173 - ... that excuse is by law implied, because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel.
Σελίδα 3635 - It shall be lawful for any married woman, by herself, and in her name, or in the name of any third person, with his assent as her trustee, to cause to be insured, for her sole use, the life of her husband...
Σελίδα 4216 - To constitute the coercion or duress which will be regarded as sufficient to make the payment involuntary, * * * there must be some actual or threatened exercise of power possessed, or believed to be possessed, by the party exacting or receiving the payment over the person or property of another, from which the latter has no other means of immediate relief than by making the payment.
Σελίδα 3883 - The construction of all written instruments belongs to the Court alone, whose duty it is to construe all such instruments, as soon as the true meaning of the words in which they are couched, and the surrounding circumstances, if any, have been ascertained as facts by the jury : and it is the duty of the jury to take the construction from the Court, either absolutely, if there be no words to be construed as words of art, or phrases used in commerce, and no surrounding circumstances to be ascertained;...
Σελίδα 3517 - Company that the foregoing is a just, full and true exposition of all the facts and circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant and are material. to the risk...
Σελίδα 3617 - The policy, besides providing that this company shall not be liable "for any loss caused by the explosion of gunpowder or any explosive substance, nor by lightning or explosions of any kind, unless fire ensues, and then for the loss or damage by fire only...