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

Nathan Dane

Cummings, Hilliard & Company, 1823 - Law

Contents

• CHAPTER LXIX: 64
• CHAPTER CXX: 65
• REPLEVIN Art 1 General principles: 66
• CHAPTER CXXIX: 68
• ASSUMPSIT BY AND AGAINST GUARDIANS MINORS IDIOTS PERSONS NON COMPOS: 69
• Acts of Congress as to insolvent persons: 70
• As to impeaching a promissory note on account of a considera tion: 73
• CHAPTER LXXI: 75
• CHAPTER XXXVI: 77
• The principles and effects of assignments: 80
• General principles: 81
• A gift: 90
• How far can the tenants use of estovers diminish the inherit: 91
• Promises to deliver goods transfer stock c what damages on the breach of them: 104
• CHAPTER CXL: 108
• 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
• Several cases decided on these statutes 5 De proprietate probandd 6 The plegii de prosequendo et de retorno habendo 7 Pleadings in replevin general...: 122
• 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 CXLI: 130
• Property in succession: 132
• ASSUMPSIT INDEBITATUS ASSUMPSIT: 141
• As to witnesses: 142
• CHAPTER III: 143
• CHAPTER IV: 149
• What is a breach of covenant: 153
• CHAPTER VI: 156
• ACTION OF TRESPASS: 162
• CHAPTER VIII: 164
• Uses and trusts generally: 170
• Three cases in Massachusetts and declarations: 171
• CHAPTER XLVI: 172
• General principles: 191
• Several cases: 201
• CHAPTER LXVI: 229
• CHAPTER X: 231
• Property in toll: 235
• CHAPTER LXXVII: 242
• Further English cases in which trespass lies 4 American cases in trespass not printed 5 Massachusetts statutes as to trespass 6 American cases published: 248
• CHAPTER XII: 254
• General principles: 257
• CHAPTER CLV: 260
• A lien what and in certain general cases: 268
• American cases: 278
• CHAPTER LXXXVIII: 282
• Cases in Massachusetts: 287
• CHAPTER XV: 290
• CHAPTER XVI: 299
• COVENANTS AS TO QUIET ENJOYMENT AND TO SAVE HARMLESS AND NOTICE: 300
• General principles: 304
• Reasons for bringing into one view the essential principles: 315
• Pleadings defence c in trover 12 Evidence in trover: 330
• CHAPTER XIX: 331
• CHAPTER LXXXIX: 371
• CHAPTER XX: 378
• The property considered: 380
• What is a negotiable contract or not 4 Notes c void by certain statutes 5 A contract once negotiable is always so by whom endorsable 6 The effects of...: 386
• Protests and reasonable notice: 395
• Protests forms: 413
• Where the party may have several actions on bills: 415
• Endorser how liable and amount: 417
• The amount recovered on a protested bill: 420
• Circuitous actions on notes: 421
• Bills and notes received in payment the effects: 422
• Several cases: 432
• What is an: 439
• Select principles in pleadings as to bills and notes CHAPTER XXI: 445
• English cases: 447
• Massachusetts statutes on the subject 2 What is waste ? 3 General rules 4 Waste in trees: 449
• American cases: 450
• Further English cases: 454
• CHAPTER XXII: 457
• Carriers may have this action of assumpsit for their hire: 462
• CHAPTER XXIII: 475
• In what cases assumpsit lies against carriers or: 477
• Where a carrier is not liable: 479
• When the carriers trust ends: 480
• Several other English cases: 483
• English rules and cases: 484
• CHAPTER XXIV: 488
• Waste cases added 11 Remedies: 491
• CHAPTER CXI: 498
• Art General principles: 505
• CHAPTER XXVI: 515
• Who is entitled to waste: 522
• ESTATES IN FEE SIMPLE: 532
• CHAPTER CXXII: 534
• CHAPTER XXVII: 535
• CHAPTER XXVIII: 542
• Promises on demand what damages on the breach of them 4 Promises to pay very unreasonable sums how treated and what damages allowed: 547
• Damages agreed as a measure of right between the parties 6 Of nominal damages: 549
• Who may have trespass and against whom it lies 8 Trespass assault and battery 9 False imprisonment remedy habeas corpus CHAPTER CLXXIII: 550
• 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: 573
• CHAPTER CIV: 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
• Nil debet in various actions: 584
• 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
• CHAPTER XXX: 603
• The factors lien: 605
• Assumpsit by and against factors goods in transitu: 608
• CHAPTER XXXI: 619
• General principles: 624
• Voluntary and fraudulent conveyances and settlements: 631
• General principles and cases in England: 651
• CHAPTER LVII: 666
• CHAPTER XXXIII: 673
• 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 ii - District Clerk's Office. BE IT REMEMBERED, That on the seventh day of May, AD 1828, in the fifty-second year of the Independence of the UNITED STATES OF AMERICA, SG Goodrich, of the said District, has deposited in this office the...

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