Albany Law Journal, 36. köideWeed, Parsons & Company, 1888 |
From inside the book
Results 6-10 of 85
Page 16
... considered as primarily against them . Mr. Pomeroy , in his work on Equity Jurisprudence , § 1095 , states the rule as follows : " Wherever a cause of action exists primarily in behalf of the corporation against directors , officers and ...
... considered as primarily against them . Mr. Pomeroy , in his work on Equity Jurisprudence , § 1095 , states the rule as follows : " Wherever a cause of action exists primarily in behalf of the corporation against directors , officers and ...
Page 17
... considered in ascertaining the other- wise uncertain meaning of a contract , unless the proof of such usage contradicts the express terms of the agreement . This is so , even though the usage be that of a particular person , provided it ...
... considered in ascertaining the other- wise uncertain meaning of a contract , unless the proof of such usage contradicts the express terms of the agreement . This is so , even though the usage be that of a particular person , provided it ...
Page 24
... considered unreasonable if it im- poses a larger restraint than is necessary for the protection of the covenantee . The courts have however seen their way to treat such a covenant as divisible , and to enforce it to the extent to which ...
... considered unreasonable if it im- poses a larger restraint than is necessary for the protection of the covenantee . The courts have however seen their way to treat such a covenant as divisible , and to enforce it to the extent to which ...
Page 29
... considered . This instruction , together with the negative answer of the court to the defendant's first point , raises all the questions that require consideration in this case . That there was error in the instruction above stated is ...
... considered . This instruction , together with the negative answer of the court to the defendant's first point , raises all the questions that require consideration in this case . That there was error in the instruction above stated is ...
Page 30
... considered in the most extensive sense of the word . For not only may owners of land contiguous to the river complain of injury by obstruc- tion of the ascent of the fish , but by all other persons living in towns or on lands near the ...
... considered in the most extensive sense of the word . For not only may owners of land contiguous to the river complain of injury by obstruc- tion of the ascent of the fish , but by all other persons living in towns or on lands near the ...
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Popular passages
Page 184 - New Hampshire New Jersey New York North Carolina Ohio Oregon Pennsylvania Rhode Island South Carolina Tennessee Texas Vermont Virginia West Virginia Wisconsin Total 732 686 i.
Page 214 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Page 184 - ... no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant...
Page 205 - To commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice, or of the due administration of the laws, Each of them is guilty of a misdemeanor.
Page 312 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery or non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 70 - ... to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions and instructions, either with penalties or without; so as the same be not repugnant or contrary to this constitution, as they shall judge to be for the good and welfare of this commonwealth, and for the government and ordering thereof, and of the subjects of the same...
Page 231 - ... 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 277 - The party who last has a clear opportunity of avoiding the accident, notwithstanding the negligence of his opponent, is considered solely responsible for it" The United States supreme court in Grand Trunk Ry.
Page 133 - The cases, I think, go further, to this extent, that if the settlement is intended to be effectuated by one of the modes to which I have referred, the Court will not give effect to it by applying another of those modes. If it is intended to take effect by transfer, the Court will not hold the intended transfer to operate as a declaration of trust, for then every imperfect instrument would be made effectual by being converted into a perfect trust.
Page 68 - A telegraph company occupies the same relation to commerce, as a carrier of messages, that a railroad company does as a carrier of goods.