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, Τόμος 5Bancroft-Whitney Company, 1890 |
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Άλλες εκδόσεις - Προβολή όλων
Rights, Remedies, and Practice, at Law, in Equity, and Under the Codes: A ... John Davison Lawson Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2018 |
Συχνά εμφανιζόμενοι όροι και φράσεις
acceptance action agent agreed agreement Allen amount application assignment assured Bank Barb breach building cargo chose in action claim condition Conn consideration court court of equity covenant creditor Cush damages debt debtor deed defendant delivered delivery discharge equity executed fact Fire fraud grantee grantor Gratt Gray Held illegal insurable interest intention Iowa J. J. Marsh Johns Jones land Leake on Contracts liable loss Mass ment Minn mortgage Mutual N. J. Eq notice Ohio St owner paid party payable payment person Pick plaintiff port premium promise property insured purchaser R. R. Co recover reinsured risk seller ship Smedes Smith sold specific performance statute statute of frauds stipulated Strob tender tion tract usurious valid vendee vendor vessel void warranty Wend
Δημοφιλή αποσπάσματα
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 3582 - And it is further provided in the policy that, "if the interest of the assured in the property be any other than the entire, unconditional, and sole ownership of the property, for the use and benefit of the assured...
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...