American Law Magazine, 4. köideRothman., 1845 |
From inside the book
Results 1-5 of 66
Page 56
... debtors and creditors , all interest for a short period was declared unlawful . It was revived , however , and ... debtor and creditor . " " We propose a brief examination of this subject of compound interest , and the questions to ...
... debtors and creditors , all interest for a short period was declared unlawful . It was revived , however , and ... debtor and creditor . " " We propose a brief examination of this subject of compound interest , and the questions to ...
Page 60
... debtor may agree to give it that capacity , either at the time the contract is made or after it has become due . Whenever the creditor has a right to demand it , he may waive that right , and lend it to the debtor ' Van Benschooten v ...
... debtor may agree to give it that capacity , either at the time the contract is made or after it has become due . Whenever the creditor has a right to demand it , he may waive that right , and lend it to the debtor ' Van Benschooten v ...
Page 62
... debtor from which his acquiescence could be implied . Judge Rogers , however , seems to recognise the English equity cases , which relieve a debtor even from his agreement to pay compound interest , as unjust and oppressive . Without ...
... debtor from which his acquiescence could be implied . Judge Rogers , however , seems to recognise the English equity cases , which relieve a debtor even from his agreement to pay compound interest , as unjust and oppressive . Without ...
Page 64
... . , compounding the interest annually , will double the principal in about 11 years 329 days . At the rate of 7 per cent . , in 10 years 92 days . than one year , and the debtor can prevent the 64 COMPOUND INTEREST .
... . , compounding the interest annually , will double the principal in about 11 years 329 days . At the rate of 7 per cent . , in 10 years 92 days . than one year , and the debtor can prevent the 64 COMPOUND INTEREST .
Page 65
... debtor this power either directly or indirectly , you doubtless change the whole character of the transaction , and taint it with usury . With this power in the possession of the debtor , compound interest neither is usury nor does it ...
... debtor this power either directly or indirectly , you doubtless change the whole character of the transaction , and taint it with usury . With this power in the possession of the debtor , compound interest neither is usury nor does it ...
Other editions - View all
Common terms and phrases
action application assignment assignor assumpsit authority Bank bill bridge chancellor Charles river bridge charter claim common law constitution construction contract conveyance corporation Counsellor at Law court of chancery court of equity creditor crime debt debtor decision declared deed defendant devise doctrine duty effect England entitled evidence execution exercise fee simple foreign franchise fraud give grant heirs Held indictment individual injunction intention interest issue judge judgment judicial jurisdiction jury land legislative legislature levying liable lien limits lord ment ministers mortgage North Carolina notice offence opinion paid party payment person subrogated plaintiff plea possession principles privilege proceeding promissory note provision punishment purchase question reason received road rule Smedes Smedes & Marshall statute statute of frauds suit supreme court surety testator tion tribunals trust United usury Watts & Serg Winyaw witness
Popular passages
Page 382 - ... provided that this act shall not render competent any party to any suit, action, or proceeding individually named in the record, or any lessor of the plaintiff, or tenant of premises sought to be recovered in ejectment, or the landlord or other person in whose right any defendant in repleven may make cognizance, or any person in whose immediate and individual behalf any action may be brought or defended, either wholly or in part...
Page 210 - a corporation, created by and transacting business in a state, Is to be deemed an inhabitant of the state, capable of being treated as a citizen, for all purposes of suing and being sued, and an averment of the facts of its creation and the place of transacting business is sufficient to give the circuit court Jurisdiction.
Page 194 - ... and that it should have been left to the jury to say whether it was necessary or practicable to provide such a device at the place in question.
Page 198 - DEVISE.— To W. (a natural son of the testator's sister) for life, and after his decease to the heirs of his body in such shares and proportions as W. by deed, &c. shall appoint ; and for want of such appointment to the heirs of the body of W.
Page 462 - Hotel, and certain desks and tables therein, should constitute the Court for the Correction of Errors of the State of New York.* What else does this bill do ? It directs that there shall be certain vaults, and safes, and rooms.
Page 429 - It is true that the assignee of a chose in action takes it subject to all the equities to which it was subject in the hands of the assignor...
Page 181 - Not only are charities for the maintenance and relief of the poor, sick, and impotent, charities in the sense of the common law, but also donations given for the establishment of colleges, schools, and seminaries of learning, and especially such as are for the education of orphans...
Page 457 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense, but his words so interpreted are insensible with reference to extrinsic circumstances, a court of law may look into the extrinsic circumstances of the case, to see whether the meaning of the words be sensible in any popular or secondary sense of which, with reference to these circumstances, they are capable.
Page 380 - ... or entry shall be sufficient evidence that such witness was examined in any subsequent proceeding in which the verdict or judgment shall be offered in evidence.
Page 312 - Rule in Shelley's Case is stated by Lord Coke (1 ^Coke 93)3, 1O4b, 76 Eng. Reprint 206, 234) to be that "When the ancestor, by any gift or conveyance taketh an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs In fee or in tail .... the heirs are words of limitation of the estate and not words of purchase", and by Preston on Estates (Vol.