The Practice in Courts of Justice in England and the United States, Τόμος 2

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Περιεχόμενα

Of the delivery necessary to make the instru
12
What is deemed part of the instrument
23
On a sealed instrument though without con
31
Of conditions precedent what performance
59
When material that instrument should be
73
What is a sufficient assignment
79
Or covenants of warranty or for quiet enjoyment how these
85
Of the action on covenants in the convey
104
Whether without covenant of warranty
114
Where contract is to pay a certain sum of money or to do
116
Action on the bond of an executor or administrator lies for
129
How the validity of an unsealed instrument
131
As to alteration of a bill of exchange
137
What is a bill of exchange nature of
143
When acceptance is refused of foreign bill there must
149
mistake the mistake may be corrected
152
Drawee who pays bill where drawers signature is forged
158
Effect of the statute of Ann on a promis
164
What is a negotiable instrument in Pennsylvania Effect there
170
When bill refused by drawee is accepted for honour what
179
What damages are to be paid when bill
216
Rule established by decisions in New York Pennsylvania
221
Holder has a right of action against any of the prior parties
237
him what are his rights
256
Right of assignee to sue under South Carolina statute
262
The rule of Marsh v Brooks 10 Iredell 410 important to
268
How contract of assignment may be modified If the assign
273
Suit against obligor or maker inust be in the proper place
278
Whether assignor or guarantor is liable to any other than
282
or terms
291
220
292
Whether on guaranty action will lie for a person not a party
298
Title 3
304
Whether past cohabitation is a sufficient consideration for
313
Thing to be done must be legal Court will not enforce con
324
What is generally necessary to fix liability
330
Action for breach of a promise to marry
340
Clearly no implied contract by father to pay for goods furnish
353
Action against a tenant for rent or for
365
Object of the statute of II Geo 2 c 19 14 How far since
374
Where after lease expires premises are held by an under
380
338
386
as in equity
394
Action for services rendered work done
400
VOL 11
401
Whether action will lie against a city or town to recover back
473
Under what circumstances the action for money paid to
482
Action on a promise to account or on
488
Action for goods claimed under owners sale
495
What delivery to vendee will sustain his right against credi
501
Action by the owner for goods or the pro
506
340
513
Of a simple bailment how loss by fire falls
514
How lien which would otherwise exist may be excluded by
521
carrier professes to carry
525
How carriers liability may be restrained by a notice Review
530
How the common law liability of carriers is altered in Eng
536
Title 5
545
Action for an assault on or false imprison
551
343
553
Right of master to service of apprentice
562
Action for carrying off a slave or assisting or enticing him
568
Action against an officer for refusing at
575
345
582
Action for an unlawful or excessive distress
587
Action for a malicious prosecution or a
594
Action for slander or libel
600
307
607
346
611
Action for a fraudulent representation
618
To sustain the action there must be fraud
620
Of deceit in sale of provisions
626
Action for a trespass upon land
636
When after judgment in ejectment action of trespass
642
348
648
Action for injury from an animal kept
656
Whether the action of a young child against one guilty
662
Action for the disturbance of a right
671
Action for injury from defendants building
672
Action for injury to plaintiffs property
684
Action against a corporation for injury
694
Liability for servants negligence is only on his master
703
Liability for employing contractor to do an illegal act
710
349
711
Who are not carriers
716
90
722
251
726
569
730
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Δημοφιλή αποσπάσματα

Σελίδα 399 - By the seventeenth section, it is enacted that " no contract for the sale of any goods, wares, and merchandises, for the price of £,10 sterling, or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Σελίδα 46 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is...
Σελίδα 649 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence.
Σελίδα 305 - All contracts or agreements, whether by parol or in writing, by way of gaming, or wagering, shall be null and void ; and no suit shall be brought or maintained in any court of law or equity, for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person, to abide the event on which any wager shall have been made...
Σελίδα 349 - ... for the use and occupation of what was so held or enjoyed; and if in evidence on the trial of such action any...
Σελίδα 36 - 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 480 - If goods are sold upon credit, and nothing is agreed upon as to the time of delivering the goods, the vendee is immediately entitled to the possession, and the right of possession and the right of property vests at once in him...
Σελίδα 680 - Salk. 282, as a general position," that no master is chargeable with the acts of his servant but when he acts in the execution of the authority given him." Now when a servant quits sight of the object for which he is employed, and without having in view his master's orders pursues that which his own malice suggests, he no longer acts in pursuance of the authority given him, and according to the doctrine of Lord Holt his master will not be answerable for such act.
Σελίδα 658 - ... it is a right only to the flow of the water, and the enjoyment of it, subject to the similar rights of all the proprietors of the banks on each side to the reasonable enjoyment of the same gift of Providence. It is only therefore for an unreasonable and unauthorised use of this common benefit that an action will lie...
Σελίδα 491 - product of or substitute for the original thing still follows the " nature of the thing itself as long as it can be ascertained to

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