The Practice in Courts of Justice in England and the United States, Volume 3

Front Cover
 

Contents

When form of contract made by agent
38
Though goods be received on board yet owner not liable
46
Where the undertaking is by a sealed instrument
60
How one who without authority contracts
66
Whether one who receives goods or money
72
Who may be sued for a deputy sheriffs
79
Title 3
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
Effect in Mississippi of a joint bond covenant bill or promis
109
Who may be sued on a contract made
115
Two or more wrongdoers may be sued
122
Title 4
128
Whether the action is to be against all
135
Whether the firm will be bound by an instrument commencing
136
35
137
Whether one partner can sue a firm
149
Of parceners joint tenants and tenants
157
General rule as to action by one tenant in common against
164
Title 5
176
Who may sue for slaves or other property
182
Who should sue for a wrong which before
188
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
91
212
Who may be sued for a debt of the wife
214
CHAP 47 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
Of cases generally in which an executor
248
Action for work and labor done by executors as such in execu
254
76
256
When an executor or administrator may
259
When and how an executor or administra
269
95
272
120
273
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
96
310
Who may sue on an instrument one party
313
When assignees of a bankrupt or insolvent
319
Of wager of law Its effect on the action of debt especially
387
Generally assumpsit does not lie for a plaintiff entitled to
394
Whether assumpsit will lie in respect of plaintiffs goods tor
402
Of the action of account
410
79
414
22
416
VOL IIIiii
417
41
422
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
99
444
Particularly of an agent or bailee What can be set up
450
396
453
43
455
What is not a conversion
459
How in trover Lord Mansfield formerly applied the principle
466
399
477
Title 11
484
System in New York and Kentucky under the new code of pro
490
46
496
As to place of contract or act rule prescribed by the Massa
503
47
508
What in general must be stated in the pleadings
510
100
512
Of the commencement of the declaration
518
What follows the names of the defendants
527
When and how time must be alleged
533
48
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
50
570
When and how performance of condition
571
When averment by plaintiff of readiness to perform is equiva
572
In England it is enough to aver performance generally
578
What cases do and what do not come within the stat 8 9
584
What words follow the assignment of breaches
598
How the averment of request must be made Whether
604
On an assumpsit
608
Of damages When and how they must
617
What on proper allegation is recoverable as special damage
623
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Common terms and phrases

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.

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