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 48Abraham Clark Freeman Bancroft-Whitney Company, 1896 - Law reports, digests, etc |
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Results 1-5 of 73
Page 32
... contract averred is an unconditional common - law contract of carriage without reservations or ex- ceptions . By its terms the defendant insured the safe deliv- ery of the goods to the consignee , and assumed liability for any loss or ...
... contract averred is an unconditional common - law contract of carriage without reservations or ex- ceptions . By its terms the defendant insured the safe deliv- ery of the goods to the consignee , and assumed liability for any loss or ...
Page 54
... contract are conclusive -- it is only in return for the performance by the company of the contract that the appellant's promise to give the company the right to run their road through said block , on the roadbed , as at present graded ...
... contract are conclusive -- it is only in return for the performance by the company of the contract that the appellant's promise to give the company the right to run their road through said block , on the roadbed , as at present graded ...
Page 55
... contract and the conse- quence of its breach were such that the amount of the injury could not be measured by any money standard . In the case we have in hand , like the case of Hooper v . Savannah etc. R. R. Co. , 69 Ala . 529 , the ...
... contract and the conse- quence of its breach were such that the amount of the injury could not be measured by any money standard . In the case we have in hand , like the case of Hooper v . Savannah etc. R. R. Co. , 69 Ala . 529 , the ...
Page 62
... contract or by some rule of law . The proposition submitted does not differ materially from the same question ... contracts within the scope of the business in which the firm was designed to engage . No such result arises from a joint ...
... contract or by some rule of law . The proposition submitted does not differ materially from the same question ... contracts within the scope of the business in which the firm was designed to engage . No such result arises from a joint ...
Page 95
... contract as between the contracting parties themselves has been discharged . contract as between them has been fully executed and per- formed . If it is to be treated as valid at law the corporation could no more insist upon additional ...
... contract as between the contracting parties themselves has been discharged . contract as between them has been fully executed and per- formed . If it is to be treated as valid at law the corporation could no more insist upon additional ...
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Common terms and phrases
agent agreement alleged amount appellant appellee applied attorney authority bank bill cause of action charge cited claim common law condition constitution contract contributory negligence corporation court of equity creditors damages debt declaration deed defendant defendant's delivered demurrer dollars duty Elk River eminent domain entitled error estoppel evidence execution exempt extended note fact firm fraud ground guilty held indictment injury instruction intention interest Iowa judgment jurors jury land lease liability lien marriage ment mortgage negligence Osborn Brothers owner paid partner partnership party payment person plaintiff premises principle proof purchase purpose question R. R. Co real estate reasonable doubt received recover rendered residence rule statute stream street suit sustained tenant testator testimony therein thereof tion trial trust verdict void Western Union wife witness
Popular passages
Page 237 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of that of the defendant...
Page 653 - Any county, city, school district or other municipal corporation, incurring any indebtedness as aforesaid, shall, before or at the time of doing so, provide for the collection of...
Page 927 - As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Page 760 - Whitford, all the rest, residue, and remainder of my estate, both real and personal, of what nature or kind soever, to have and to hold the same to him, his heirs, and assigns forever...
Page 375 - Starr, forty-five dollars, for value received with interest at the rate of eight per cent per annum from date, until paid...
Page 800 - it is undoubtedly settled law that a judgment of a court of competent jurisdiction upon a question directly involved in one suit is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit.
Page 729 - The general assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different railroads in this state, and enforce such laws by adequate penalties, to the extent, if necessary for that purpose, of forfeiture of their property and franchises.
Page 688 - In determining the value of land appropriated for public purposes, the same considerations are to be regarded as in a sale of property between private parties. The inquiry in such cases must be, what is the property worth in the market, viewed not merely with reference to the uses to which it is at the time applied, but with reference to the uses to which it is plainly adapted; that is to say, what is it worth from its availability for valuable uses.
Page 740 - Company a proof of loss, signed and sworn to by the insured, stating the knowledge and belief of the insured as to the following: the time and origin of the loss, the interest of the insured and of all others in the property...
Page 439 - ... we do not deem it necessary to enter into a discussion of the question...