The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 73
Abraham Clark Freeman
Bancroft-Whitney Company, 1900 - Law reports, digests, etc
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
action at law adverse possession agreement alleged amount appellant applied assessment assignment authority Bank beneficiaries bill bond cause cause of action certificate charge claim constitution contract conveyance corporation court court of equity creditors damages death debt debtor declared decree deed defendant defendant's demurrer dividends dollars enforce entitled equity error evidence execution fact foreclosure fraud fraudulent gift guaranteed held holders homestead husband injury insolvent interest issued judgment judgment creditor judgment debtor jurisdiction jury land levied liability lien Mass ment mortgage N. J. Eq negligence oleomargarine owner paid parties payable payment person plaintiff plaintiff in error possession preferred stock preferred stockholders premises promissory note provisions purchase purpose question reason received recover replevin rule rule against perpetuities St Rep stare decisis Stats statute suit testator thereof tion trial trust valid vested void wife
Page 219 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 750 - No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act.
Page 757 - Insurance is a contract whereby one undertakes to indemnify another against loss, damage, or liability, arising from an unknown or contingent event. ARTICLE II. What may be Insured. SEC. 2531. Any contingent or unknown event...
Page 510 - ... to answer concerning the same; and such proceedings may thereupon be had for the application of the property of the judgment debtor...
Page 756 - A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments: 1. Death; 2. Imprisonment; 3. Fine: 4. Removal from office; or, 5. Disqualification to hold and enjoy any office of honor, trust, or profit in this state.
Page 764 - The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such ; and such child is thereupon deemed for all purposes legitimate from the time of its birth. The foregoing provisions of this chapter do not apply to such an adoption.
Page 635 - Where the means of knowledge are at hand and equally available to both parties, and the subject of purchase is alike open to their inspection, if the purchaser does not avail himself of these means and opportunities, he will not be heard to say that he has been deceived by the vendor's misrepresentations.
Page 208 - We think it is a settled principle, growing out of the nature of well-ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 706 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.