The Practice in Courts of Justice in England and the United States, Volume 1 (Google eBook)

Front Cover
A. Morris, 1858 - Actions and defenses
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Contents

closed
55
Where the instrument is not sealed
61
How the law is settled in England
68
Other cases in which payment by agent to principal was node
75
GENERALLY OF PARTIES TO ACTION GROWING OUT OF ACT
84
Decisions in actions on contracts not under seal
90
Whether covenantee who has not sealed
96
A note commencing in the singular I promise and signed
102
When for money paid or money received
110
Distinction in England between the case of an infant and
116
Two or more wrongdoers may be sued
122
PARTICULARLY OF PARTIES TO ACTIONS GROWING OUT OF
128
In case of bankruptcy
134
Whether the firm will be bound by an instrument commencing
136
Whether one partner can sue a firm
149
Decisions in New York Massachusetts and Pennsylvania
155
Whether on the death of one tenant action survives to
161
PARTICULARLY OF PARTIES TO ACTIONS GROWING OUT OF
176
Who may sue for slaves or other property
182
Who during the coverture may sue on
189
When husband may sue alone on a promise to his wife
195
Other cases indicating husbands intention that property should
201
Effect during the coverture of other acts than a judgment
207
Who may be sued for a debt of the wife
214
In case of guardianship who may sue
220
When and how a person may be sued
231
may sue or be sued
237
As to deer and other animals on the land
244
Whether personal representative can sue for breach of a pro
250
When an executor or administrator may
259
On a note or other writing
265
On what contracts an executor or adminis
280
Of the liability of one to be sued as execu
297
Where decedents estate has been distribu
307
Who may sue on an instrument one party
313
When there is a right of action for a tort
319
Of the action of account
410
Of the action of trespass on the case
423
Rule where the injury is to plaintiffs servant
429
When case may be brought notwithstand
437
What right of properly and right of possession the plaintiff
444
Particularly of an agent or bailee What can be set up
450
What is not a conversion
459
How in trover Lord Mansfield formerly applied the principle
466
Hefferman 9 Watts 531 210 Allen v Crary 10 Wend 349
478
PLEADING GENERALLY
484
System in New York and Kentucky under the new code of pro
490
Addison r Gandassequi 4 Taunt Pick 235 191
491
Provisions in the Virginia act of 1789 and decisions under it
496
As to place of contract or act rule prescribed by the Massa
503
Adington r Lipscomb 1 Adol 504 536 583 588 597 624
504
What in general must be stated in the pleadings
510
Of the allegation that defendant made
512
Of the commencement of the declaration
518
tna Fire Ins Co v Tyler 16 Alsop v Caines 10 Johns 4U9
523
What follows the names of the defendants
527
When and how time must be alleged
533
Where part of the consideration is the doing an act in viola
539
What must be alleged in Virginia to entitle plaintiff to benefit
541
Where there is an exception which qualifies the contract
547
In what terms the interest should be averred
553
Effect of stating matter under a videlicet
564
When and how performance of condition
571
Particularity required in some of the states of the Union as
577
Object of the stat 8 9 Will 3c 11
583
What words follow the assignment of breaches
598
Alcorn Westbrook 1 Wils Ames v Chew c 5 Metcalf 320 203
603
How the averment of request must be made Whether
604
When necessary to aver that a reasonable time or a certain
611
Of damages When and how they must
617
What on proper allegation is recoverable as special damage
623

Common terms and phrases

Popular passages

Page 296 - ... whensoever 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) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 424 - So, in every case, where a statute enacts, or prohibits a thing for the benefit of a person, he shall have a remedy upon the same statute for the thing enacted for his advantage, or for the recompense of a wrong done to him contrary to the said law.
Page 490 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 54 - It does not deny that it is binding on those whom, on the face of it, it purports to bind ; but shows that it also binds another, by reason that the act of the agent, in signing the agreement, in pursuance of his authority, is in law the act of the principal.
Page 73 - The clerk acted under an unavoidable ignorance and for his master's benefit when he sent the goods to his master; but nevertheless his acts may amount to a conversion; for a person is guilty of a conversion, who intermeddles with my property and disposes of it, and it is no answer that he acted under authority from another, who had himself no authority to dispose of it.
Page 628 - ... every injury imports a damage, though it does not cost the party one farthing, and it is impossible to prove the contrary ; for a damage is not merely pecuniary, but an injury imports a damage, * when a man is thereby hindered of his riff/it.
Page 234 - From the earliest time down to the present the word ' necessaries ' is not confined in its strict sense to such articles as were necessary to the support of life, but extended to articles fit to maintain the particular person in the state, station, and degree in life in which he is...
Page 53 - Whether he does so in his own name, or in that of another, or in a feigned name, and whether the contract be signed by his own hand or by that of an agent, are inquiries not different in their nature from the question who is the person who has just ordered goods in a shop. If he is sued for the price, and his identity made out, the contract is not varied by appearing to have been made by him in a name not his own
Page 430 - qui facit per alium facit per se " renders the master liable for all the negligent acts of the servant in the course of his employment ; but that liability does not make the direct act of the servant the direct act of the master. Trespass will not lie against him ; case will, in effect, for employing a careless servant, but not trespass, unless, as was said by the court in Morley v. Gaisford, 2 H. Black. 442, the act was done
Page 442 - ... in form it is a fiction; in substance, a remedy to recover the value of personal chattels wrongfully converted by another to his own use. The form supposes the defendant may have come lawfully by the possession of the goods.

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