Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Τόμος 2Edward O. Jenkins, 1847 |
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Αποτελέσματα 1 - 5 από τα 100.
Σελίδα 4
... payment of blacksmith's bill ; shoes for the negroes , and more especially by the overwhelm- ing fact , that the cotton made on the land by the negroes , was marked at the ware - house , by Bullard , in Peck's name , and ship- ped for ...
... payment of blacksmith's bill ; shoes for the negroes , and more especially by the overwhelm- ing fact , that the cotton made on the land by the negroes , was marked at the ware - house , by Bullard , in Peck's name , and ship- ped for ...
Σελίδα 9
... payment is to be made of his remaining liabilities . This , therefore , is not the issue . The question is , was it done fraudulently ? And was this sale , under the circumstances , an evidence that such was its char- acter ? The ...
... payment is to be made of his remaining liabilities . This , therefore , is not the issue . The question is , was it done fraudulently ? And was this sale , under the circumstances , an evidence that such was its char- acter ? The ...
Σελίδα 31
... payment thereof by want of notice under the law , yet , being ignorant of his legal rights , promises to pay it , he will not be bound by such promise . Warder et al . vs. Tucker , 7 Mass . R. 449 ; Garland vs. Salem Bank , 9 Mass . R ...
... payment thereof by want of notice under the law , yet , being ignorant of his legal rights , promises to pay it , he will not be bound by such promise . Warder et al . vs. Tucker , 7 Mass . R. 449 ; Garland vs. Salem Bank , 9 Mass . R ...
Σελίδα 55
... payment ; and that the judgments , both of the Justice's Court and of the Superior Court , upon certiorari , were ... pay the plaintiff an execution and afterwards levy Arnett vs. Cloud and others . the same out of TALBOTTON , JANUARY ...
... payment ; and that the judgments , both of the Justice's Court and of the Superior Court , upon certiorari , were ... pay the plaintiff an execution and afterwards levy Arnett vs. Cloud and others . the same out of TALBOTTON , JANUARY ...
Σελίδα 63
... payment , in full , of the latter , does not operate as an extinguishment of the former , but as satisfaction pro tanto only . In Equity from Sumter Superior Court . Tried before Judge Warren , November Term , 1846 . For the facts and ...
... payment , in full , of the latter , does not operate as an extinguishment of the former , but as satisfaction pro tanto only . In Equity from Sumter Superior Court . Tried before Judge Warren , November Term , 1846 . For the facts and ...
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action administration admitted affidavit alleged amended Anderson answer appeal apply authority bail Bank of Macon bill of exceptions bond cause Central Bank charge common carrier common law complainants Constitution contempt contract counsel County court of equity creditors death debt decision declaration decree deed defendant in error delivering the opinion demurrer dismissed divorce dollars Durham entitled evidence Ex'r execution executor facts filed fraud Georgia grant ground heirs Hudgins indorser injunction intended interest issue James Solomon John Judge judgment jurisdiction jury justice Kent land Legislature liable ment mortgage motion Myddleton negroes Newsom partnership party payment Pelot Perryman person plaintiff in error plea plead possession principles promissory notes purchase question recognisance record rule rule in Shelley's scire facias Sheriff Solomon statute suit Superior Court Supreme Court term testator thereof tion trial trust estate verdict William writ of error
Δημοφιλή αποσπάσματα
Σελίδα 104 - It never has been supposed by us, that the section did apply, or was designed to apply, to questions of a more general nature, not at all dependent upon local statutes or local usages of a fixed and permanent operation, as for example, to the construction of ordinary contracts or other written instruments, and especially to questions of general commercial law...
Σελίδα 105 - ... antecedent parties, of which he has no notice, only where he receives it in the usual course of trade and business for a., valuable consideration, before it becomes due, we are prepared to say that receiving it in payment of or as security for a pre-existing debt is according to the known usual course of trade and business. And .why, upon principle...
Σελίδα 106 - It is for the benefit and convenience of the commercial world to give as wide an extent as practicable to the credit and circulation of negotiable paper, that it may pass not only as security for new purchases and advances, made upon the transfer thereof, but also in payment of and as security for preexisting debts. The creditor is thereby enabled to realize or to secure his debt, and thus may safely give a prolonged credit, or forbear from taking any legal steps to enforce his rights.
Σελίδα 119 - The action of trover being founded on a conjoint right of property and possession, any act of the defendant which negatives or is inconsistent with such right, accounts in law to a conversion. It is not necessary to a conversion that there should be a manual taking of the thing in question by the defendant; it is not necessary that it should be shown that he has applied it to his own use. Does he exercise a dominion over it, in exclusion or in defiance of the plaintiff's right? If he does, that is...
Σελίδα 351 - Common carriers undertake generally, and not as a casual occupation, and for all people indifferently, to convey goods and deliver them at a place appointed, for hire, as a business, and with or without a special agreement as to price.
Σελίδα 224 - That such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of said courts in their official transactions, and the disobedience or resistance by any such officer, or by any party, juror, witness, or other person, to any lawful writ, process, order, rule, decree or command of the said courts.
Σελίδα 254 - There was a law, that those who in a storm forsook the ship should forfeit all property therein; and that the ship and lading should belong entirely to those who stayed in it. In a dangerous tempest all the mariners forsook the ship, except only one sick passenger, who, by reason of his disease, was unable to get out and escape. By chance the ship came safe to port. The sick man kept possession, and claimed the benefit of the law.
Σελίδα 91 - Cause why Damages in such Action should not be Assessed and recovered by him or them, and if such Defendant his Executors or Administrators shall appear at the Return of such Writ, and not...
Σελίδα 70 - Fraud without damage, or damage without fraud, gives no cause of action; but where these two concur, an action lies.
Σελίδα 72 - Whether the party thus misrepresenting a fact, knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial, for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.