Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, Volume 17H.O. Houghton and Company, 1864 - Law reports, digests, etc |
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Results 1-5 of 100
Page 3
... never signed by Mr. Somes , nor issued from the bank ; that the notes , which had been so filled up and signed by him , were in sheets locked up in a desk in the business room of the bank , the key of which desk was always kept by ...
... never signed by Mr. Somes , nor issued from the bank ; that the notes , which had been so filled up and signed by him , were in sheets locked up in a desk in the business room of the bank , the key of which desk was always kept by ...
Page 5
... never seen Mr. Somes write . [ Two of the said three witnesses , however , at a former ex- amination of the notes , had thought some of the notes good , which they afterwards pronounced to be bad ; but they attempted to ac- count for ...
... never seen Mr. Somes write . [ Two of the said three witnesses , however , at a former ex- amination of the notes , had thought some of the notes good , which they afterwards pronounced to be bad ; but they attempted to ac- count for ...
Page 32
... never been disputed . Smith vs. Mercer was decided upon the same principle , and it has been recognized as law in New York , and by this Court ( 12 ) . The point decided in the two cases last referred to was , that where a person gives ...
... never been disputed . Smith vs. Mercer was decided upon the same principle , and it has been recognized as law in New York , and by this Court ( 12 ) . The point decided in the two cases last referred to was , that where a person gives ...
Page 35
... never feel safe in suffering bank notes to pass through their hands , if they were liable to be called upon , several weeks after , to make good such as might be discovered to be spurious . Even when passing a bad note , in the ordinary ...
... never feel safe in suffering bank notes to pass through their hands , if they were liable to be called upon , several weeks after , to make good such as might be discovered to be spurious . Even when passing a bad note , in the ordinary ...
Page 39
... never had any funds in the hands of the drawee . Nor is it conceivable how the mischief or the crime is in any way affected by that circumstance . By the Court . The language of our statute is very similar to that of the statute on ...
... never had any funds in the hands of the drawee . Nor is it conceivable how the mischief or the crime is in any way affected by that circumstance . By the Court . The language of our statute is very similar to that of the statute on ...
Contents
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Common terms and phrases
action admitted afterwards agent agreement alleged amount appear assignment assumpsit attachment authority bail bailment bill bond cashier cause cited claim common law Commonwealth consideration considered contended contract conveyance conviction corporation count Court court of equity covenant creditors damages debt debtor declaration deed defendant defendant's delivered the opinion demand deposits discharge dollars endorser entitled equity estoppel execution Executors facts fraud GEORGE THATCHER given Gloucester bank heirs held Holt Inhabitants insolvent intended intestate ISAAC PARKER judgment jurisdiction jury land LANFEAR Larned liable Lord Ellenborough Mass mortgage mortgagor negligence nonsuit objection paid PARKER parties payment person plaintiff plea pleaded possession principle promise promissory note proved purchaser question reason received recover remedy replevin rule SALEM BANK SAMUEL PUTNAM seisin sheriff statute statute of frauds sufficient suit supposed sureties tenant testator tion trespass trial trust usury verdict versus void witness writ
Popular passages
Page 106 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 107 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 212 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 428 - No subject shall be held to answer for any crime or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself.
Page 343 - It will be liable to debts ; it will go to executors ; it will pass by a will not made and executed with the solemnities required by the statute of frauds. The assignment of the debt, or forgiving it, will draw the land after it, as a consequence ; nay, it would do it, though the debt were forgiven only by parol, for the right to the land would follow, notwithstanding the statute of frauds.
Page 226 - Justice, in delivering the opinion of the court, remarked " that no principle of law is better settled than that no action will lie upon a contract made in violation of a statute, or of a principle of the common law.
Page 12 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Page 412 - Blackstone, that if a servant, by his negligence, does any damage to a stranger, the master shall be answerable for his neglect. But the damage must be done while he is actually employed in the master's service ; otherwise, the servant shall answer for his own misbehavior.
Page 36 - The true rule is, that the party receiving such notes must examine them as soon as he has opportunity, and return them immediately. If he does not, he is negligent, and negligence will defeat his right of action. This principle will apply in all cases where forged notes have been received, but certainly with more strength when the party receiving them is the one purporting to be bound to pay. For he knows better than any other whether they are his notes or not; and if he pays them or receives them...
Page 134 - Bing. 284:, 300, declined to follow the rule there laid down, and held that the credit of a witness who has testified orally or by giving his deposition may be impeached by showing that he has made a different statement out of court, either before or after he has given his testimony, and that it is not necessary that the impeached witness be first inquired of as to such different statement, or that he be present when his credit is to be impeached. "We shall take occasion hereafter to advert to an...