Harvard Law Review, Volume 16Harvard Law Review Pub. Association, 1903 - Electronic journals |
Contents
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Common terms and phrases
15 HARV action adverse possession answer apex applied authority bankruptcy bill bill of lading cargo carrier claim combination commerce common law constitutional contract corporation court of equity creditor criminal damage debt decision declaration defendant defendant's discovery doctrine duty eminent domain end lines English equity estoppel evidence existence fact fraud fraudulent grant ground HARVARD LAW REVIEW held injunction intent interest interference interrogatories judgment jurisdiction Justice labor land legislation legislature lex fori liability limited marriage Mass matter ment merely municipal N. E. Rep negligence Northern Securities Company obligation owner party plaintiff principal promise question railroad reason regarded remedy result rule S. W. Rep seems statute Statute of Frauds statutory suit supra Supreme Court third person tion tort trade trust U. S. Sup United vein vessel warranty York
Popular passages
Page 418 - of demarcation laid down in the preceding article, it is understood — First — That the island called Prince of Wales Island shall belong wholly to Russia (now, by this cession to the United States). " Second — That whenever the summit of the mountains which extend in a direction parallel to the coast from the
Page 527 - suit is brought in any state court, " in which there is a controversy between a citizen of the state in which the suit is brought and a citizen of another state, any defendant, being such citizen of another state, may remove such suit into the circuit court of the United
Page 418 - cession to the United States). " Second — That whenever the summit of the mountains which extend in a direction parallel to the coast from the s6th degree of north latitude to the point of intersection of the
Page 258 - Because of the amendment of Section 65, Section 66 should also be amended by cancelling everything after " qualification " in the first line to " engages " in the sixth line. SECTION 119-3 provides that a negotiable instrument is discharged " by any other act which will discharge a simple contract for the payment of money." The acceptance of a chattel in satisfaction of an
Page 371 - Rep. 138 (Neb.). In general, a check must be presented for payment within a reasonable time after its receipt, or the drawer is discharged from liability on it to the extent of the loss caused by the delay in presentment. Smith v.
Page 305 - leased there was no market for the goods. Held, that the measure of damages to which the owner of the goods was entitled was the difference between the market value of the goods at the time when they ought to have been delivered and the market value at the time they were
Page 256 - But Section 40 revives Smith v. Clarke by enacting that " where an instrument, payable to bearer, is indorsed specially, it may nevertheless be further negotiated by delivery." Mr. McKeehan endeavors to save this section by reading into it before the 1 Hall v. Crandall, 29 Cal. 567; Lander v. Castro, 43 Cal. 497 ; Taylor v. Shelton, 30 Conn. 122; Duncan
Page 467 - of the Sale of Goods Act provides that "a stipulation may be a condition, though called a warranty in the contract." This provision would doubtless enable a court to hold the buyer justified in refusing the goods. Certainly it seems incredible if a dealer said "I will sell you a piano which I will select for you and which I will warrant
Page 273 - simple the phraseology, the more like it is to a mere description of the article sold, the greater becomes the difficulty of proof; but if the proof establishes the fact, the legal consequence appears to follow." This proposition that " nobody has any right to represent his goods as the goods of somebody else " has been adopted as the basis of all the recent decisions
Page 332 - from the same necessity as common of pasture : viz., for the maintenance and carrying on of husbandry ; common of piscary being given for the sustenance of the tenant's family ; common of turbary and fire-bote for his fuel; and house-bote, plough-bote, cart-bote, and hedge-bote for repairing his house, his instruments of tillage, and the necessary fences of his grounds.