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 35Abraham Clark Freeman Bancroft-Whitney Company, 1894 - Law reports, digests, etc |
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Results 1-5 of 76
Page 17
... intention of giving him the fund in bank operates as a valid gift thereof and justifies the bank in paying it to such donee upon pre- sentation of the writing . REMEDIES - ELECTION ESTOPPEL . An action ex contractu to recover money paid ...
... intention of giving him the fund in bank operates as a valid gift thereof and justifies the bank in paying it to such donee upon pre- sentation of the writing . REMEDIES - ELECTION ESTOPPEL . An action ex contractu to recover money paid ...
Page 21
... intention of transferring or appropriating the chose in action to the assignee for a valuable consideration are sufficient ; nor is any written instrument required . Any order , writing , or act which makes an appropriation of the fund ...
... intention of transferring or appropriating the chose in action to the assignee for a valuable consideration are sufficient ; nor is any written instrument required . Any order , writing , or act which makes an appropriation of the fund ...
Page 22
... intention of the law to take from the owner the power of giving these . It merely requires that he shall do what , under the circumstances , will in reason be equivalent to an actual delivery , " was approved ; and it was held that ...
... intention of the law to take from the owner the power of giving these . It merely requires that he shall do what , under the circumstances , will in reason be equivalent to an actual delivery , " was approved ; and it was held that ...
Page 23
... intention to give with the actual delivery of the written evidence of the right to the thing , although in the possession of another , under the belief of the donor that it perfects the gift , should not be held to constitute a valid ...
... intention to give with the actual delivery of the written evidence of the right to the thing , although in the possession of another , under the belief of the donor that it perfects the gift , should not be held to constitute a valid ...
Page 26
... intention on the part of the holder to make a gift thereof : Gray v . Nelson , 77 Iowa , 63. For a discussion of the form , etc. , of certificates of deposit , see notes to O'Neill v . Bradford , 42 Am . Dec. 576- 579 ; Long v . Straus ...
... intention on the part of the holder to make a gift thereof : Gray v . Nelson , 77 Iowa , 63. For a discussion of the form , etc. , of certificates of deposit , see notes to O'Neill v . Bradford , 42 Am . Dec. 576- 579 ; Long v . Straus ...
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Common terms and phrases
action adverse possession agreement alleged amount appellant appellee applied arrest assignment attorney-general authority bank benefit bill cause charge chose in action cited claim constitution contract convey conveyance corporation cotenant court court of equity creditors damages debt debtor deceased declared deed deed of trust defendant defendant's district dollars duty enforce entitled equity evidence execution extended note fact franchises fraud grant grantor heirs held homestead husband indorsement injury insolvent intention interest issue judgment jurisdiction jury justice land legislative legislature Lehigh Valley Railroad liable lien matter mechanic's lien ment Missouri mortgage municipal naphtha nolle prosequi officer opinion owner paid parties payment person plaintiff possession proceedings purchase purpose question R. R. Co reason received recover rule statute subrogated suit testator thereof tion trial trust ultra vires valid verdict void wife writ
Popular passages
Page 185 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 277 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 342 - ... the loss shall not become payable until sixty days after the notice, ascertainment, estimate, and satisfactory proof of the loss herein required have been received by this company, including an award by appraisers when appraisal has been required.
Page 595 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present...
Page 598 - ... to have and to hold to the said party of the second part, his heirs and assigns, to the sole and only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns forever.
Page 274 - The homestead is subject to execution or forced sale in satisfaction of judgments obtained: 1. Before the declaration of homestead was filed for record, and which constitute liens upon the premises.
Page 278 - ... his attorney, stating that to the best of his knowledge and belief the items are correct and that the disbursements have been necessarily incurred in the action or proceeding.
Page 45 - Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law ; and when that is discerned, it is the duty of the court to follow it.
Page 166 - An easement is a privilege without profit, which the owner of one tenement has a right to enjoy in respect of that tenement, in or over the tenement of another person, by reason whereof the latter is obliged to suffer or refrain from doing something on his own tenement for the advantage of the former.
Page 542 - The primary cause may be the proximate cause of a disaster, though it may operate through successive instruments, as an article at the end of a chain may be moved by a force applied to the other end, that force being the proximate cause of the movement, or as in the oft-cited case of the squib thrown in the market place.