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 55Abraham Clark Freeman Bancroft-Whitney Company, 1897 - Law reports, digests, etc |
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Common terms and phrases
action agent agreement alleged amount appellant appellee application assignment authority Bank bill bond cause charge claim common law complaint constitution contract conveyance corporation court of equity creditors damages debt debtor decree deed defendant defendant's demurrer deposit duty enforce entitled equity of redemption error evidence executed extended note fact filed foreclosure fraud granted grantor habeas corpus held hundred dollars husband indorsement injury intention interest issued judge judgment jurisdiction jury land liable lien mechanic's lien ment mistake of law mortgage mortgagor N. J. Eq negligence owner paid parties payment person plaintiff premises principal proceedings promissory note purchase purpose question railroad reason received recover rule statute statute of frauds tenant testator thereof tion trial trust Tuscumbia undisclosed principal usury valid verdict void wife writ
Popular passages
Page 364 - That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services ; which not being descendible, neither ought the offices of magistrate, legislator, or judge, to be hereditary.
Page 617 - For no country ever takes notice of the revenue laws of another. " <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy...
Page 617 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 617 - If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Page 371 - All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof as the Legislature shall designate for that purpose.
Page 48 - But where the contract is. either expressly or tacitly, to be performed in any other place, there the general rule is in conformity to the presumed intention of the parties that the contract, as to its validity, nature, obligation, and interpretation, is to be governed by the law of the place of performance.
Page 770 - If, under guise of such a contract, the real intent be merely to speculate in the rise or fall of prices, and the goods are not to be delivered, but one party is to pay to the other the difference between the contract price and the market price of the goods at the date fixed for executing the contract, then the whole transaction constitutes nothing more than a wager, and is null and void under the statute.
Page 354 - Until actually launched on its way to another State, or committed to a common carrier for transportation to such State, its destination is not fixed and certain.
Page 912 - The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, Board, or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, Board, or person.
Page 236 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if the interest of the insured be other than unconditional and sole ownership...