Atlantic Reporter, 71. köideWest Publishing Company, 1909 |
From inside the book
Results 1-5 of 100
Page 12
... contract , and it could not be divested by the assignment . In Entwistle v . Insurance Com- pany the insurance was payable to the wife , and , if she died before the husband , then to the children , but , if the husband survived both ...
... contract , and it could not be divested by the assignment . In Entwistle v . Insurance Com- pany the insurance was payable to the wife , and , if she died before the husband , then to the children , but , if the husband survived both ...
Page 60
... contract in question , which was not for the sale of property , and was outside of the ordi- nary course of the business of the company . 10 Cyc . 924 . The plaintiff next offered to prove , by the witness Elwell , the terms and ...
... contract in question , which was not for the sale of property , and was outside of the ordi- nary course of the business of the company . 10 Cyc . 924 . The plaintiff next offered to prove , by the witness Elwell , the terms and ...
Page 81
... contract is sought to be made out from such documents alone , it is for the court to ascertain and determine its construction , whether the documents are many or few . But where the evidence in the case does not depend altogether upon ...
... contract is sought to be made out from such documents alone , it is for the court to ascertain and determine its construction , whether the documents are many or few . But where the evidence in the case does not depend altogether upon ...
Page 93
... contract upon which it is founded . The learned judge below sustained the ex- ceptions , and directed the statement of a new account , allowing a dividend to Dr. Wil- son as a general creditor " upon $ 2,000 as of the date of September ...
... contract upon which it is founded . The learned judge below sustained the ex- ceptions , and directed the statement of a new account , allowing a dividend to Dr. Wil- son as a general creditor " upon $ 2,000 as of the date of September ...
Page 137
... contract , the defendant alleges fraud in the inception and execution of the contract , and the proceeding in effect involves the reforming of the contract on the ground of fraud , then , to enable a court in equity to exercise this ...
... contract , the defendant alleges fraud in the inception and execution of the contract , and the proceeding in effect involves the reforming of the contract on the ground of fraud , then , to enable a court in equity to exercise this ...
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Common terms and phrases
action affirmed agent agreement alleged amount appeal appellee applied assignment assumpsit authority Bigelow bill cause Cent charge claim complainant contract corporation counsel Court of Chancery court of equity creditors damages deceased declaration decree deed defendant defendant's demurrer duty easement entitled equity error evidence execution executors fact fendant filed ground held injury issue Jersey Jersey City judge judgment jurisdiction jury justice lampblack land lease liability lien lumber Massachusetts matter ment mortgage motion N. J. Eq N. J. Law negligence nonsuit Note Note.-For owner paid pany parties payment person petition plaintiff plaintiff in error proceedings purchase purpose question Railroad Company reason rule servant statute street suit superior court Supreme Court taxation testator testimony thereof tiff tion trial trustee Vailsburg verdict witness writ
Popular passages
Page 34 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Page 84 - ... Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued...
Page 46 - A rule to show cause why a new trial should not be granted, was allowed; and the following reasons were assigned for setting aside the verdict.
Page 287 - After the passage of this act all property which shall pass by will or by the intestate laws of this state, from any person who may die seized or possessed of the same while a resident of this state...
Page 200 - It is an elementary rule of construction that effect must be given, if possible, to every word, clause and sentence of a statute.
Page 349 - ... the law considers such publication as malicious, unless it is 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 421 - Benjamin, that a contract for the sale of goods to be delivered at a future day is valid, even though the seller has not the goods nor any other means of getting them than to go into the market and buy them...
Page 395 - States, except as permitted by such laws, shall by any implication or construction be deemed to possess the power of carrying on the business of discounting bills, notes or other evidences of debt, of receiving deposits, of buying and selling bills of exchange, or of issuing bills, notes or other evidences of debt for circulation as money...
Page 193 - ... for money had and received by the defendant for the use of the plaintiff...
Page 433 - CJ § 219, it is said that the doctrine of recrimination rests upon the equitable maxim that he who comes into equity must come with clean hands...