Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Τόμος 17H.O. Houghton and Company, 1864 |
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Σελίδα 31
... presents a note to a bank for payment . The holder believes it to be good , but he does not war- rant it . It was so in our case . The cases of Young vs. Adams , and Markle vs. Hatfield , were cases of notes of third persons . The present ...
... presents a note to a bank for payment . The holder believes it to be good , but he does not war- rant it . It was so in our case . The cases of Young vs. Adams , and Markle vs. Hatfield , were cases of notes of third persons . The present ...
Σελίδα 32
... present case , viz . , the mischief which might result from delay . What safety would there be in commercial negotiations , were the principle admitted that a banking company , who had once received what they con- sidered their own ...
... present case , viz . , the mischief which might result from delay . What safety would there be in commercial negotiations , were the principle admitted that a banking company , who had once received what they con- sidered their own ...
Σελίδα 43
... present disposition of the citizens to vest their property in corporate funds , for almost every common purpose of life , and of the legislature to grant this species of franchise , if the real estate of corporations is to be exempted ...
... present disposition of the citizens to vest their property in corporate funds , for almost every common purpose of life , and of the legislature to grant this species of franchise , if the real estate of corporations is to be exempted ...
Σελίδα 44
... present action . [ * 56 ] * Cummings , for the defendant . I am to distinguish this case from the one cited for the plaintiffs ; and it will be found to differ in one essential fact . In that case , the defend- ants were citizens and ...
... present action . [ * 56 ] * Cummings , for the defendant . I am to distinguish this case from the one cited for the plaintiffs ; and it will be found to differ in one essential fact . In that case , the defend- ants were citizens and ...
Σελίδα 45
... present Newburyport bank was incorporated June 23d , 1812 , to take effect on the said 1st of October ; and the holders of shares in the old bank were permitted to take half the number of shares held by them in the old one ; and when ...
... present Newburyport bank was incorporated June 23d , 1812 , to take effect on the said 1st of October ; and the holders of shares in the old bank were permitted to take half the number of shares held by them in the old one ; and when ...
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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...