A General Abridgment and Digest of American Law: With Occasional Notes and Comments, Volume 1

Nathan Dane

Cummings, Hilliard & Company, 1823 - Law

Contents

• CHAPTER XIV: 63
• COVENANTS AS TO QUIET ENJOYMENT AND TO SAVE HARMLESS AND NOTICE: 66
• CHAPTER CXXIX: 68
• CHAPTER LXXI: 69
• CHAPTER CLXVIII: 70
• CHAPTER LXXX: 76
• The principles and effects of assignments: 80
• A gift: 90
• CHAPTER LXXXV: 108
• As to impeaching a promissory note on account of a considera tion: 112
• There are two kinds of considerations: 113
• A mere voluntary courtesy is not a consideration: 114
• Considerations executory 19 20 21 The debts of other persons where considerations or not 22 Both parties must be bound: 115
• Ones promise is a consideration only when he can perform 24 A loss or prejudice to one is a good consideration: 116
• Considerations illegal in whole or in part are: 117
• If no cause of action exist there is no consideration 30 Considerations past: 119
• Considerations grounded on relationship: 120
• The discharge of a debt is a good consideration 33 So to prove a debt: 121
• So a bare relation between owner and tenant 35 Cohabitation when a consideration or not 36 Wifes consent a good consideration or not 37 The plts e...: 123
• Considerations continuing 42 Acts of officers considerations or not 43 A compromise of a doubtful right is a good ground of a pro mise 44 If no re...: 124
• A contract personal once discharged can never again be the consideration of a promise: 126
• Nudum Pactum: 127
• Consideration bad 49 A consideration of the promise must be proved though in writing: 128
• CHAPTER LXXXVII: 130
• By reentry on lands and ones going on the lands of another: 132
• ASSUMPSIT INDEBITATUS ASSUMPSIT: 141
• CHAPTER III: 143
• CHAPTER IV: 149
• Several cases: 153
• CHAPTER VI: 156
• Pleadings defence c in trover 12 Evidence in trover: 160
• CHAPTER LXXVII: 162
• CHAPTER VIII: 164
• Three cases in Massachusetts and declarations: 171
• CHAPTER LXXII: 172
• Massachusetts statutes on the subject 2 What is waste? 3 General rules: 173
• For monies paid on contracts illegal and void in: 182
• Seaworthy: 183
• For monies paid laid out and expended: 191
• Several cases: 201
• For monies lentand agent and principal as to contracts: 204
• When one agrees to pay anothers debts how far assumpsit: 212
• DEBT ON THE GAMING ACTS CHAPTER CXLVI: 215
• Certain promises raised by law the principles whereon: 218
• CHAPTER CII: 229
• CHAPTER X: 231
• ESTATES IN FEE SIMPLE: 243
• CHAPTER XII: 254
• General principles: 257
• Federal and State statutes 2 Debt on judgment at common law 3 Some forms of judgment 4 The effect of a judgment: 259
• CHAPTER CLV: 260
• General principles necessary in every award: 264
• Mutual releasestime of submission a known fact: 272
• CHAPTER CLVI: 282
• CHAPTER XV: 290
• Rules or maxims in evidence: 297
• CHAPTER XVI: 299
• General principles: 304
• Reasons for bringing into one view the essential principles: 315
• CHAPTER XIX: 331
• Principles of abeyance: 336
• Wagering policy 24 Warranties: 358
• Judgment coram non judice 6 Judgment reversed the effects 7 Judgments arrested: 366
• CHAPTER LXXXIX: 371
• General principles: 378
• English rules and cases: 380
• Remainders and reversions general principles 21 Remainder what 22 Contingent remainder: 403
• ESTATES: 415
• American rules and cases: 417
• DEBT FOR LEGACIES: 419
• CHAPTER XXI: 445
• CASE FOR MISFEASANCE AND MALFEASANCE: 450
• Further English cases: 454
• CHAPTER LXXIII: 457
• CHAPTER XXIII: 475
• CHAPTER XXIV: 488
• Alteration by statutes: 494
• CHAPTER CXI: 498
• Departure: 504
• In sundry cases and notes: 505
• CHAPTER XXV: 507
• CHAPTER XXVI: 515
• Of nominal damages: 520
• Waste in trees: 522
• CHAPTER XXVII: 535
• Bonds and considerations: 540
• CHAPTER XXVIII: 542
• Damages in trespass vi et armis 8 Damages applied to the good part of the declaration: 553
• CHAPTER XXIX: 554
• Administrators how appointed: 555
• Executors how appointed: 558
• Rights and duties of both: 560
• English authorities adopted here c American cases 5 When the action is suspended or not 6 Actions against an executor of his own wrong: 570
• Impending actions how and when executors and administra tors come in: 572
• Several other cases decided on American statutes: 573
• CHAPTER XCVIII: 576
• The power of a surviving executor to sell lands: 578
• Where an executor c may be sued in his own name 13 Administration void or voidable: 580
• Administrators contracts to convey intestate estates 15 Exectors and administrators may retain c and take bonds of indemnity: 581
• Post of discharge what is one: 583
• Form of the remedy: 586
• Pleadings and evidence by executors and administrators 17 Where liable and entitled to actions the testator c was not liable: 587
• Remarks on the above matters of waste applying to this country: 593
• Several matters: 596
• A concise view of the power and duties of executors and ad ministrators in New York: 598
• Where a penal action is local 5 Many rules in construing statutes 6 When a statute takes effect 7 Statutes against natural justice or equity 8 Statutes pu...: 599
• CHAPTER XXX: 603
• The factors lien: 605
• CHAPTER XXXI: 619
• COVENANT ON CHARTERPARTIES: 624
• CHAPTER CLXX: 631
• General principles and cases in England: 634
• CHAPTER CIV: 641
• Insurance brokers how liable 28 Sundry cases: 657
• CHAPTER LVII: 666
• Forfeitures: 670
• ACTION OF ASSUMPSIT: 673
• When the entry is taken away: 678
• CHAPTER LXXXI: 693

Popular passages

Page 235 - 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 payment...

Page 87 - And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with, or affect private contracts or engagements, bona fide, and without fraud previously formed.

Page 146 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...

Page 378 - ... and also every such note payable to any person or persons, body politick and corporate, his, her, or their order, shall be assignable or indorsable over, in the same manner as inland bills of exchange are or may be, according to the custom of merchants...

Page 316 - no State . . . shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts.

Page 234 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...

Page 241 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.

Page 378 - ... assigned, or the money therein mentioned ordered to be paid by indorsement thereon, shall and may maintain his, her, or their action for such sum of money, either against the person or persons, body...

Page 234 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.

Bibliographic information

• Title: A General Abridgment and Digest of American Law: With Occasional Notes and Comments, Volume 1; Volume 1 of A General Abridgment and Digest of American Law, Nathan Dane; A General Abridgment and Digest of American Law: With Occasional Notes and Comments, Nathan Dane
• Author: Nathan Dane
• Publisher: Cummings, Hilliard & Company, 1823