The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 44Abraham Clark Freeman Bancroft-Whitney Company, 1895 - Law reports, digests, etc |
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Results 1-5 of 82
Page 20
... contract , and , if an express renewal was contemplated ( which , under the words of the writing , seems improbable ) , some de mand to execute a renewal contract should have been made upon her . It seems to us that merely continuing to ...
... contract , and , if an express renewal was contemplated ( which , under the words of the writing , seems improbable ) , some de mand to execute a renewal contract should have been made upon her . It seems to us that merely continuing to ...
Page 37
... contract , and are inoperative as limitations on the carrier's liability . Mere accept- ance of the bill of lading does not establish the consent of the shipper to such stipulations ; nor is a different contract shown by proof that the ...
... contract , and are inoperative as limitations on the carrier's liability . Mere accept- ance of the bill of lading does not establish the consent of the shipper to such stipulations ; nor is a different contract shown by proof that the ...
Page 39
... contract , and are inoperative as limitations of the carrier's liability . Mere acceptance of the bill of lading does not establish the ship- per's assent to stipulations of this kind : See further , as to the character of the contract ...
... contract , and are inoperative as limitations of the carrier's liability . Mere acceptance of the bill of lading does not establish the ship- per's assent to stipulations of this kind : See further , as to the character of the contract ...
Page 40
... contract , and that he has assented to its terms , except , as we have seen , in so far as it undertakes 386 to limit the general liability of the carrier . Incident to every such contract are certain matters which , when not expressed ...
... contract , and that he has assented to its terms , except , as we have seen , in so far as it undertakes 386 to limit the general liability of the carrier . Incident to every such contract are certain matters which , when not expressed ...
Page 41
... contracts . And not only is such evi- dence inadmissible to change or vary in any particular the express 387 terms of the contract , but in these instruments , as in all other written contracts , there may be implied obliga- tions as to ...
... contracts . And not only is such evi- dence inadmissible to change or vary in any particular the express 387 terms of the contract , but in these instruments , as in all other written contracts , there may be implied obliga- tions as to ...
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Common terms and phrases
action affirmed agent alleged amount appears appellant appellee applied assignment assumpsit authority bank bill of lading carrier cars cashier cause cause of action charge cited claim committed common carrier common law constitution contract corporation court court of equity creditor crime damages debt declared defendant defendant's demurrer dollars duty entitled equity error evidence execution executor extended note fact fraud ground heirs held husband indebtedness injury issue judgment jurisdiction jury justice land liable lien loss marriage matter ment mortgage municipality negligence notice opinion owner paid party payment person plaintiff plaintiff in error premises purchaser purpose question R. R. Co railroad company railway reason recover res judicata rule servant statute subrogation sufficient sustained testator testimony tion trial verdict void warrant Western Union wife
Popular passages
Page 551 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Page 227 - No county, city, township, school district or other municipal corporation shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness.
Page 390 - For the legislature absolutely or conditionally to forbid public speaking in a highway or public park is no more an infringement of the rights of a member of the public than for the owner of a private house to forbid it in his house.
Page 764 - The police of a state, in a comprehensive sense, embraces its whole system of internal regulation by which the state seeks not only to preserve the public order, and to prevent offenses against the state, but also to establish, for the intercourse of citizens with citizens, those rules of good manners and good neighborhood which are calculated to prevent a conflict of rights, and to insure to each the uninterrupted enjoyment of his own so far as is reasonably consistent with a like enjoyment of rights...
Page 764 - it extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the State.
Page 761 - Having thus, in the exercise of undisputed constitutional powers, undertaken to provide a currency for the whole country, it cannot be questioned that Congress may, constitutionally, secure the benefit of it to the people by appropriate legislation. To this end, Congress has denied the quality of legal tender to foreign coins, and has provided by law against the imposition of counterfeit and base coin on the community. To the same end, Congress may restrain by suitable enactments, the circulation...
Page 794 - The Governor shall have power, and it shall be his duty, except at such time as the Legislature may be in session, to examine into the condition and administration of any public office, and the acts of any public officer, elective or appointed, to remove from office for gross neglect of duty, or for corrupt conduct in office, or any other misfeasance...
Page 757 - Seventh. To exercise by its board of directors, or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of...
Page 868 - Exchequer; directed to the judge and parties, of a suit in any inferior court, commanding them to cease from the prosecution thereof, upon a suggestion , that either the cause originally, or some collateral matter arising therein, does not belong to that jurisdiction, but to the cognizance of some other court.
Page 896 - Amendment, broad and comprehensive as it is, nor any other amendment was designed to interfere with the power of the state, sometimes termed its "police power," to prescribe regulations to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the state, develop its resources and add to its wealth and prosperity.