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acceptance action affirming agent agreement arbitrators assumpsit authority award Bank bill of lading bona fide breach of contract cause Cited in Benjamin Cited in note common carrier common law consideration Contr corporation court Court of Exchequer covenant creditors debt debtor decision deed defendant delivery dissenting opinion Distinguished domicile enforce entitled equity estoppel Exchequer Chamber executed executor holder holding indorsement judgment L. J. Ch L. J. Exch land liable for injury lien Manitoba Mass measure of damages mortgage N. J. Eq N. Y. Supp negligence negotiable negotiable instrument notice owner parol evidence party payment person Phila plaintiff principal purchaser Q. B. Div recover Revised Rep ship Smith specific performance statute of frauds Teleg testator tort total loss trust ultra vires valid vendor vessel void Week
Page 258 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 311 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there Is literally no evidence, but whether there Is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Page 554 - The title to the church property of a divided congregation is in that part of it which is acting in harmony with its own law; and the ecclesiastical laws, usages, and principles which were accepted among them before the dispute began are the standard for determining which party is right.
Page 233 - Provided that, Where a bill has been materially altered, but the alteration is not apparent, and the bill is in the hands of a holder in due course, such holder may avail himself of the bill as if it had not been altered, and may enforce payment of it according to its original tenor.
Page 667 - Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 US 373, 31 S.Ct.
Page 140 - What facts, and whether particular facts, constitute probable cause, is a question exclusively for the court. What facts exist in a particular case, where there is a dispute in reference to them, is a question exclusively for the jury. When the facts are in...
Page 667 - If its necessary effect is only incidentally or indirectly to restrict that competition while its chief result is to foster the trade and increase the business of those who make and operate it, it does not violate that law.
Page 545 - But in such case the class must be capable of delimitation, as "brothers and sisters," "children," "issue," "nephews and nieces." A bequest giving the executor authority to distribute his property "among his relatives and for benevolent objects in such sums as in their judgment shall be for the best" was sustained upon evidence within the will that by "relatives...