Atlantic Reporter, Volume 84West Publishing Company, 1913 - Law reports, digests, etc |
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Page 1
... PAYMENT ( § 89 * ) - RECOVERY - REMEDY . the rules of law regulating the trial and Ordinarily an action at law is the proper proof in such actions at law the payments remedy for the recovery of money paid through cannot be shown ; and ...
... PAYMENT ( § 89 * ) - RECOVERY - REMEDY . the rules of law regulating the trial and Ordinarily an action at law is the proper proof in such actions at law the payments remedy for the recovery of money paid through cannot be shown ; and ...
Page 3
... payment , relates to the same debt ; ( 2 ) be- cause , as alleged , the overpayment was made through fraud of the creditor as well as by mistake of the debtor ; and ( 3 ) because the debtor should not , therefore , be put to the trouble ...
... payment , relates to the same debt ; ( 2 ) be- cause , as alleged , the overpayment was made through fraud of the creditor as well as by mistake of the debtor ; and ( 3 ) because the debtor should not , therefore , be put to the trouble ...
Page 11
... payment of any part of the capital stock , except that prop- erty necessary for the corporation's business may be taken in payment of stock to the amount of the value thereof , and that , in the absence of actual fraud in the ...
... payment of any part of the capital stock , except that prop- erty necessary for the corporation's business may be taken in payment of stock to the amount of the value thereof , and that , in the absence of actual fraud in the ...
Page 18
... pay you anything for your services in this matter in which you were acting for him ? A. He did in 1901 give me the stock , but it was not in payment for those services . The payment for the services , as I understand it , was the ...
... pay you anything for your services in this matter in which you were acting for him ? A. He did in 1901 give me the stock , but it was not in payment for those services . The payment for the services , as I understand it , was the ...
Page 52
... payment of $ 50 , he took a receipt from the plaintiff , as follows : " Chichester , N. H. , Octo- ber 1 , 1906. Received of John Hultman fifty dollars in part payment of Holmes place at Webster's Mills . " The court ruled that this ...
... payment of $ 50 , he took a receipt from the plaintiff , as follows : " Chichester , N. H. , Octo- ber 1 , 1906. Received of John Hultman fifty dollars in part payment of Holmes place at Webster's Mills . " The court ruled that this ...
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Common terms and phrases
action affirmed agreement alleged amended amount APPEAL AND ERROR appellee assessment assumpsit Baltimore Baltimore county bill bond Bristol Water carrier cause Cent charge claim common carrier complainant Conn construction contract corporation Court of Chancery court of equity damages decree defendant defendant's demurrer duty employés entitled equity evidence fact fendant filed fraud ground Haven County held injury intention issue Judge judgment jurisdiction jury land lease liability lien March 18 ment mortgage MUNICIPAL CORPORATIONS negligence Note Note.-For owner paid parties payment person plain plaintiff plea pleadings prayer proceedings purchase purpose question railroad railway real estate reason received recover rent rule scows servant Sistare sold statute stockholders street suit Superior Court Supreme Court surety taxicab testified testimony thereof tiff tion town trial trustee verdict writ
Popular passages
Page 15 - ... in the absence of actual fraud in the transaction, the judgment of the directors as to the value of the property purchased shall be conclusive...
Page 73 - Provided, that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.
Page 126 - Provided, that in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Page 219 - ... the failure to observe, for the protection of the interests of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury.
Page 255 - The amount of any loss or damage for which any carrier is liable shall be computed on the basis of the value of the property (being the bona fide invoice price, if any, to the consignee^ including the freight charges, if prepaid) at the place and time of shipment...
Page 109 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...
Page 66 - It Is understood and agreed by and between the parties hereto that the work Included In this contract is to be done under the direction of the said Architect, and that his decision as to the true construction and meaning of the drawings and specifications shall be final.
Page 72 - Claims for loss, damage, or delay must be made in writing to the carrier at the point of delivery or at the point of origin within four months after delivery of the property, or, in case of failure to make delivery, then within four months after a reasonable time for delivery has elapsed. Unless claims are so made the carrier shall not be liable.
Page 31 - ... shall be utterly void and of none effect, to all intents, constructions, and purposes; any law, custom, or usage to the contrary anywise notwithstanding
Page 219 - You are further instructed that you are the sole judges of the credibility of the witnesses and of the weight to be given to their testimony.