A Treatise on the Law of Evidence, Volume 2Little, Brown,, 1883 - Evidence (Law) |
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Results 1-5 of 78
Page 27
... authority appear from the others to make the agreement.2 If the action is for an act done by the defendant as the ... authorities are not agreed . It is , however , perfectly clear , that a mere agreement to accept a less sum in ...
... authority appear from the others to make the agreement.2 If the action is for an act done by the defendant as the ... authorities are not agreed . It is , however , perfectly clear , that a mere agreement to accept a less sum in ...
Page 28
... authority is in the affirmative . In one case , which was very fully considered , it was laid down as a rule warranted by the authorities , that a contract or agreement which will afford a complete recompense to a party for an original ...
... authority is in the affirmative . In one case , which was very fully considered , it was laid down as a rule warranted by the authorities , that a contract or agreement which will afford a complete recompense to a party for an original ...
Page 50
... authority seems against its admission.1 ( a ) 1 Bamfield v . Massey , 1 Campb . 460 ; Dodd v . Norris , 3 Campb . 519 ; Doe dem . Farr v . Hicks , Bull . N. P. 296 ; s . c . 4 Esp . 51 ; Stephenson v . Walker , 4 Esp . 50 , 51 ; Bate v ...
... authority seems against its admission.1 ( a ) 1 Bamfield v . Massey , 1 Campb . 460 ; Dodd v . Norris , 3 Campb . 519 ; Doe dem . Farr v . Hicks , Bull . N. P. 296 ; s . c . 4 Esp . 51 ; Stephenson v . Walker , 4 Esp . 50 , 51 ; Bate v ...
Page 51
... Authority , how proved . As a general rule , it may be laid down , that the authority of an agent may be proved by parol evi- dence ; that is , either by words spoken , or by any writing not un- der seal , or by acts and implications ...
... Authority , how proved . As a general rule , it may be laid down , that the authority of an agent may be proved by parol evi- dence ; that is , either by words spoken , or by any writing not un- der seal , or by acts and implications ...
Page 52
... authority to sign or indorse promissory notes may be proved by mere oral com- munications , or by implication ; 2 and even where the Statute of Frauds requires an agreement to be in writing , the authority of an agent to sign it may be ...
... authority to sign or indorse promissory notes may be proved by mere oral com- munications , or by implication ; 2 and even where the Statute of Frauds requires an agreement to be in writing , the authority of an agent to sign it may be ...
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Common terms and phrases
accord and satisfaction action actual admissible adultery agent alleged amount assumpsit authority averment Bank Barb Bing breach burden of proof Campb carrier circumstances claim common carrier common law Conn contract court covenant Cowen creditor Cush damages debt debtor declaration deed defendant defendant's demand dence East Eccl execution executor fact Gray Mass Greenl Hagg held holder indorser injury insured issue Johns judgment jury land Law & Eq liable libel loss malice marriage matter ment mitigation of damages negligence non est factum notice owner paid partner party patent payable payment person Pick plaintiff plea plea in abatement pleaded possession presumption prima facie principal promise promissory note prove question received recover replevin rule seisin sheriff Smith Stark Stat statute sufficient suit supra Taunt tenant tender testator tion trespass trover unless Wend witnesses writ
Popular passages
Page 358 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 357 - Can a medical man, conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime ? or his opinion whether the prisoner was conscious at the time of doing the act, that he was acting contrary to law, or whether he was laboring under any and what delusion at the time?
Page 356 - The mode of putting the latter part of the question to the jury on these occasions has generally been whether the accused at the time of doing the act knew the difference between right and wrong...
Page 357 - ... (notwithstanding the party accused did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some public benefit) he is nevertheless punishable, according to the nature of the crime committed, if he knew, at the time of committing such crime, that he was acting contrary to law; by which expression we understand your Lordships to mean the law of the land.
Page 472 - A partnership is a contract of two or more competent persons, to place their money, effects, labor, and skill, or some or all of them, in lawful commerce or business, and to divide the...
Page 401 - ... fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 357 - What are the proper questions to be submitted to the jury, where a person alleged to be afflicted with insane delusion respecting one or more particular subjects or persons, is charged with the commission of a crime (murder, for example), and insanity is set up as a defence?" And, thirdly, "In what terms ought the question to be left to the jury as to the prisoner's state of mind at the time when the act was committed?
Page 354 - A man is not to be excused from responsibility, if he has capacity and reason sufficient to enable him to distinguish between right and wrong as to the particular act he is then doing; a knowledge and consciousness that the act he is doing is wrong and criminal, and will subject him to punishment.
Page 641 - ... such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary.
Page 462 - ... in an action for nuisance to property, arising from noxious vapors, the injury to be actionable must be such as visibly to diminish the value of the property and the comfort and enjoyment of it.