Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Τόμος 21

Εξώφυλλο
William Mark McKinney
Edward Thompson Company, 1918
 

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Περιεχόμενα

Possession of Negotiable Security as Evidence of Authority
21
Possession of Mortgage
22
Payment to One Having Apparent Authority but Not Possession
23
Obligation Payable at Specified Place
24
Payment to Subagents 20 Termination of Agents Authority
26
Payluent to Assignor
27
Guardian Executor 23 In Garnishee and Sequestration Proceedings
29
Joint Obligee Forger
30
Persons Authorized to Make Payments STY YAT MAMA
31
Rights of Volunteer
32
Mode of Payment ? 28 In General
33
Persons Acting in Dual Capacity of Debtor and Creditori
34
Transmitting Money by Mail
35
Depositing Money at Place of Payment 32 Transfer of Creditors on Bank Books Directing Bank to Charge
36
Acceptance by Bank of Verbal Order to Pay VII Medium of Payment IN GENERAL 34 Money
37
Legal Tender
38
Bank Notes Generally
39
Notes of Insolvent Bank
41
Money Current at Time and Place of Payment
42
Confederate Money 103Y S 40 Counterfeit and Base Coin
43
Payn ent in Stolen Money 42 Mutual Debts
45
CONTRACTS DESIGNATING MEDIUM 45 In General
47
Waiver of Money
48
Contract to Pay in Particular Money
49
Construction of Contracts to Pay in Particular Moneg
50
Judgment on Contract Payable in Particular Money 11
51
Contract to Pay in Confederate Money
52
Contract to Pay in Property 52 Duty of Debtor under Contract Giving Option as to Medium PAYMENT O AGENT THE 53 In General
53
Sheriffs
54
Kind of Money Agent May Receive
55
Assumption of Debt by Agent
56
In General
57
Surrender of Negotiable Paper as Condition to Recovery on Original Lo debtedness
59
View that Check of Debtor Is Not Pavment 1
60
View that Check of Debtor Is Prima Facie Payment 1840
62
Contemporaneous Debt
63
Agreement to Accept Check as Payment
64
Subsequent Acts of Creditor Certification 65 Laches of Creditor
65
Taking Check of Drawee in Payment
67
Delay in Presenting Substituted Check
68
Charging Check to Drawees Account
69
Time of Payment When Made by Check in 14
70
Contemporaneous Debt 72 Agreement to Receive Note as Payment
72
Subsequent Acts of Creditor 74 Void or Worthless Paper 75 Renewal Notes
74
Collateral Rights of Creditor as Affected by Receiving Noto
75
Lien of Creditor as Affected by Taking Note fortis ? dicie 78 Note of Joint Debtor 79 Note of Partner for Firm Debt Generally i mportant in justerna ...
77
Note Given after Dissolution of Firm 82 Note Given or Received by Agent or Public Officer
78
View that Negotiable Note Is Payment
79
Evidence that Note Was Not Accepted as Paybody Evidence that Note Wag Not Accepted as Paumanit
81
Effect of Note as Payment as Question of Fact
82
Force of Presumption that Nnte Was Accepted as Payment
84
Payment 90 Contemporaneous Debt
85
Worthless and Void Paper Notes Affected with Frand
86
Forged Notes
87
Application of Payments By DEBTOR 93 In General
88
Time of Making Application Application to Illegal Demand
89
BY CREDITOR 95 In General
90
Time of Application
91
Change of Application 98 Application to Illegal or Unenforceable Demand Generally
93
Partial Payments Account
105
Before Maturity
106
Rights OF THIRD PERSON
107
In General
114
Surety Generally
115
Source of Funds as Material
116
Sureties on Bonds
117
Sureties on Building Contracts
118
Owner of Building as to Payments by Contractor to Subcontractor
119
Degree of Proof 133 Evidence Admissible under Plea of Payment
120
Financial Ability
121
Financial Inability
122
Receipt
123
Acknowledgment in Written Instrument of Receipt of Money 138 Receipt of Third Person
124
Indorsements
125
Shop Books Proof as to Medium of Payment a us dem XII Presumptions
126
Possession by Debtor of Written Evidence of Debt
127
Debtor Having Access to Papers Possession by Joint Obligor PRESUMPTION OF PAYMENT FROM LAPSE OF TIME 144 In General
128
Basis and Reason of Presumption
129
Statute of Limitations Distinguished 147 Nature of Presumption
130
Effect of Presumption
131
Presumption as Merely Defensive 150 Debts Affected by Presumption
132
Debts within Statute of Limitations
133
Time Necessary to Raise Presumption 153 Lapse of Time for Less Period as Evidence
134
Application of Presumption to State 155 Evidence to Strengthen Presumption
135
Interruption of Period by Infancy Nonresidence
136
Admission and Acknowledgment
137
Partial Payments
138
Financial Condition of Debtor 162 Demands Nonresidence Relationship of Parties
139
Institution of Proceedings by Creditor
140
Pleadings of Parties XIII Recovery of Payments VOLUNTARY PAYMENTS 165 In General
141
Reason for Rule 167 What Constitutes Voluntary Payment
143
Illegal Taxes
144
INVOLUNTARY PAYMENTS 169 In General
145
What Constitutes Involuntary Payment
146
Duress of Person or Property 172 Necessity for Protest
147
Effect of Protest 174 Other Means of Relief Not Available
149
Legal Remedy Inadequate
150
Payment to Avoid Legal Proceedings
151
Threats or Commencement of Civil Suit
152
Institution or Threat of Criminal Proceedings Generally
153
Criminal Proceedings against Spouse or Child 180 Payments to Prevent Discontinuance or Destruction of Business
154
Securing Immediate Enjoyment of Right
156
Excessive Charges by Common Carrier
157
Excessive Charges by Other Public Service Corporations Protest
158
Seizure and Sale of Property Generally
159
Seizure and Sale for Taxes
160
Regaining Possession of Goods Illegally Held
161
188 Payment under Unconstitutional or Void Statutes
162
Payment Induced by Fraud
163
Time of Compulsion
164
Exceptions and Qualifications to Rule Mutual Mistake
165
Mistake of Fact and Law 194 Payment by Government
166
Existence and Materiality of Fact 196 Mistake Induced by Negligence
167
Mistake Induced by Forgetfulness 198 Means of Knowledge
168
Mistake on Disputed Question of Fact
169
Mistake as to Title Authority or Quantity 201 Circumstances Making Recovery Inequitable
170
EVIDENCE OF APPLICATION 120 By Debtor Generally 121 Communication of Intention to Creditor Burden of Proof 122 By Creditor
1363
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Σελίδα 525 - The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving their rights, but when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in.
Σελίδα 342 - ... property so directed to be accumulated shall, so long as the same shall be directed to be accumulated contrary to the provisions of this act, go to and be received by such person or persons as would have been entitled thereto, if such accumulation had not been directed.
Σελίδα 867 - where a principal has, by his voluntary act, placed an agent in such a situation that a person of ordinary prudence, conversant with business usages and the nature of the particular business, is justified in presuming that such agent has authority to perform...
Σελίδα 210 - The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department It is the legislature, not the court, which is to define a crime, and ordain its punishment.
Σελίδα 226 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Σελίδα 638 - March. 1895. him from disputing, as against them, the existence of the title or power which, through negligence or mistaken confidence, he caused or allowed to appear to be vested in the party making the conveyance.
Σελίδα 733 - No law of Congress can place in the hands of officials connected with the postal service any authority to invade the secrecy of letters and such sealed packages in the mail ; and all regulations adopted as to mail matter of this kind must be in subordination to the great principle embodied in the fourth amendment of the Constitution.
Σελίδα 421 - It is next to be considered, whether the crime of piracy is defined by the law of nations with reasonable certainty. What the law of nations on this subject is, may be ascertained by consulting the works of jurists, writing professedly on public law ; or by the general usage and practice of nations ; or by judicial decisions recognizing and enforcing that law.
Σελίδα 616 - The general principle on which it depends appears to be that where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer, yet, if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given, the verdict...
Σελίδα 106 - If the payment be less than the interest, the surplus of interest must not be taken to augment the principal; but interest continues on the former principal until the period when the payments, taken together, exceed the interest due, and then the surplus is to be applied towards discharging the principal; and interest is to be Computed on the balance, as aforesaid.

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