The Practice in Courts of Justice in England and the United States, Volume 3A. Morris, 1858 - Actions and defenses |
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Common terms and phrases
according action adm'r administrator Adol agent agreement alleged appear assignment assumpsit authority Bank Barn benefit bill Bingh bond bound breach bring brought cause CHAPTER charged cited common law consideration considered contract corporation court covenant Cress damages death debt decision deed defendant delivered East effect England entitled ex'or execution executor express fact firm follows give given Grat ground held husband infant interest Johns join joint jointly judgment land liable Lord maintained Mass matter necessary objection owner paid partnership party payment person Pick plaintiff possession principal profits promise question reason received recover remedy rent representative respect rule says Scott seal separate shew ship signed Smith statute sued suit sustained taken Taunt tenant in common tion tort trespass trover Virginia Wend whole wife wrong York
Popular passages
Page 284 - ... 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 404 - 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 468 - 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 48 - 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 67 - 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 594 - ... 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 226 - 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 47 - 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 408 - 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 420 - ... 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.