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 23
Abraham Clark Freeman
Bancroft-Whitney Company, 1892
Other editions - View all
action affirmed agent alleged amount appellant appellee applied authority bond cause cause of action charge cited claim common carrier complained constitution contract contributory negligence conveyance conveyed corporation County court court of equity creditors damages death debt deed defect defendant defendant's demurrer dollars duty entitled equity error estopped estoppel evidence execution fact fire fraud grant grantor held husband incest injury instruction insured intent interest judgment jurisdiction jury land liability loss marriage ment mortgage negligence notice nuisance opinion owner paid parties passenger payment person plaintiff plaintiff in error possession principle promise proof purchaser purpose question quitclaim deed R. R. Co R'y Co reason received record recover regulate rule servant statute statute of limitations subrogated sufficient suit tenant thereof tion trial trust void warranty wife
Page 822 - Bay, Rhode Island, and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, sovereign and independent States; that he treats with them as such, and for himself, his heirs and successors, relinquishes all claims to the Government, propriety and territorial rights of the same, and every part thereof.
Page 447 - Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization, or by a mutual assumption of marital rights, duties, or obligations.
Page 151 - Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section one hundred and thirteen ; but this section shall not be deemed to authorize the assignment of a thing in action not arising out of contract.
Page 559 - ... to pass all ordinances necessary for the health, convenience and safety of the citizens, aud to carry out the full intent and meaning of this Act, and to accomplish the object of this incorporation...
Page 290 - The question whether each particular case comes within the clause of the statute or not, depends not on the consideration for the promise, but on the fact of the original party remaining liable, coupled with the absence of any liability on the part of the defendant or his property, except such as arises from his express promise.
Page 630 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract. To the extent, and in the manner, and under the circumstances, pointed out in his obligation, he is bound, and no further.
Page 893 - What is this but declaring that the law in the States shall be the same for the black as for the white; that all persons, whether colored or white, shall stand equal before the laws of the States, and, in regard to the colored race, for whose protection the amendment was primarily designed, that no discrimination shall be made against them by law because of their color?
Page 470 - If it imports on its face to be a complete expression of the whole agreement — that is, contains such language as imports a complete legal obligation — -it is to be presumed that the parties have introduced into it every material item and term; and parol evidence cannot be admitted to add another term to the agreement, although the writing contains nothing on the particular one to which the parol evidence is directed.
Page 84 - any man undertaking, for hire, to carry the goods of all persons indifferently;" and in Dwight v. Brewster, 1 Pick. 50, to be, "one who undertakes, for hire, to transport the goods of such as choose to employ him, from place to place.