Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Τόμος 17H.O. Houghton and Company, 1864 |
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Αποτελέσματα 1 - 5 από τα 93.
Σελίδα 4
... fraud ; but upon seeing the cashier's signature to the notes , and the paper and impression being genuine , they be- lieved them good , and did not examine the hand - writing of the president . This was the reason of their not declining ...
... fraud ; but upon seeing the cashier's signature to the notes , and the paper and impression being genuine , they be- lieved them good , and did not examine the hand - writing of the president . This was the reason of their not declining ...
Σελίδα 10
... frauds committed by them without their authority , if done in their employment ( 16 ) . And the reason is , that the employment afforded them the means of com- mitting the injury . For his servant's negligence and nonfeasance the master ...
... frauds committed by them without their authority , if done in their employment ( 16 ) . And the reason is , that the employment afforded them the means of com- mitting the injury . For his servant's negligence and nonfeasance the master ...
Σελίδα 22
... fraud , or perhaps of adoption . But they were as ignorant as the plaintiffs were , and hesitated with a view to obtain knowledge . This cannot be considered an adoption of the notes , and ought not to make them liable . The cases in 3 ...
... fraud , or perhaps of adoption . But they were as ignorant as the plaintiffs were , and hesitated with a view to obtain knowledge . This cannot be considered an adoption of the notes , and ought not to make them liable . The cases in 3 ...
Σελίδα 29
... fraud , and recovering back the money , provided the holder , or other parties to the bill , would not thereby be placed in a worse situation than when it was pre- sented for payment . * In the next case which appears to have arisen ( 5 ) ...
... fraud , and recovering back the money , provided the holder , or other parties to the bill , would not thereby be placed in a worse situation than when it was pre- sented for payment . * In the next case which appears to have arisen ( 5 ) ...
Σελίδα 36
... fraud [ 46 ] had been practised upon their notes ; and their fears were so strong , that they thought it necessary to close the doors of their bank ; and in all this time no examination was made of the notes in question , nor any ...
... fraud [ 46 ] had been practised upon their notes ; and their fears were so strong , that they thought it necessary to close the doors of their bank ; and in all this time no examination was made of the notes in question , nor any ...
Περιεχόμενα
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Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
action admitted afterwards agent agreement alleged amount appear assignment assumpsit attachment authority bail bailment bill bond cashier cause cited claim common law Commonwealth consideration considered contended contract conveyance conviction corporation count Court court of equity covenant creditors damages debt debtor declaration deed defendant defendant's delivered the opinion demand deposits discharge dollars endorser entitled equity estoppel execution Executors facts fraud GEORGE THATCHER given Gloucester bank heirs held Holt Inhabitants insolvent intended intestate ISAAC PARKER judgment jurisdiction jury land LANFEAR Larned liable Lord Ellenborough Mass mortgage mortgagor negligence nonsuit objection paid PARKER parties payment person plaintiff plea pleaded possession principle promise promissory note proved purchaser question reason received recover remedy replevin rule SALEM BANK SAMUEL PUTNAM seisin sheriff statute statute of frauds sufficient suit supposed sureties tenant testator tion trespass trial trust usury verdict versus void witness writ
Δημοφιλή αποσπάσματα
Σελίδα 106 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Σελίδα 107 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds 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, or give something in earnest to bind the bargain, or in part...
Σελίδα 212 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Σελίδα 428 - No subject shall be held to answer for any crime or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself.
Σελίδα 343 - It will be liable to debts ; it will go to executors ; it will pass by a will not made and executed with the solemnities required by the statute of frauds. The assignment of the debt, or forgiving it, will draw the land after it, as a consequence ; nay, it would do it, though the debt were forgiven only by parol, for the right to the land would follow, notwithstanding the statute of frauds.
Σελίδα 226 - Justice, in delivering the opinion of the court, remarked " that no principle of law is better settled than that no action will lie upon a contract made in violation of a statute, or of a principle of the common law.
Σελίδα 12 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Σελίδα 412 - Blackstone, that if a servant, by his negligence, does any damage to a stranger, the master shall be answerable for his neglect. But the damage must be done while he is actually employed in the master's service ; otherwise, the servant shall answer for his own misbehavior.
Σελίδα 36 - The true rule is, that the party receiving such notes must examine them as soon as he has opportunity, and return them immediately. If he does not, he is negligent, and negligence will defeat his right of action. This principle will apply in all cases where forged notes have been received, but certainly with more strength when the party receiving them is the one purporting to be bound to pay. For he knows better than any other whether they are his notes or not; and if he pays them or receives them...
Σελίδα 134 - Bing. 284:, 300, declined to follow the rule there laid down, and held that the credit of a witness who has testified orally or by giving his deposition may be impeached by showing that he has made a different statement out of court, either before or after he has given his testimony, and that it is not necessary that the impeached witness be first inquired of as to such different statement, or that he be present when his credit is to be impeached. "We shall take occasion hereafter to advert to an...