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action affirmed agent alleged amount appellant appellee applied assigned authority Bank Barb bill bond carrier cause charge charter-party chose in action cited claim common carriers contract counsel court court of equity covenant creditor damages debt deceased declaration deed defendant defendant's delivered delivery doctrine duty equity error estopped estoppel evidence execution express fact fraud given granted held indorsed injury instructions instrument Insurance Company interest judge judgment jurisdiction jury land legislature liable lien ment Metropolitan National Bank mortgage negligence notice opinion owner paid parol parties payment person plaintiff plaintiff in error principle proofs of loss purchaser purpose question Railroad Railroad Co Railway reason received recover refused remedy rendered rule securities statute statute of frauds sustained Swan Point Cemetery thereof tion trial usurious valid Vandolah verdict vessel void Wend Western Union
Page 60 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 357 - The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation ; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Page 99 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered void. The opposition between the constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Page 738 - ... for the frauds, deceits, concealments, misrepresentations, torts, negligences, and other malfeasances, or misfeasances, and omissions of duty, of his agent in the course of his employment, although the principal did not authorize, or justify, or participate in, or indeed know of such misconduct, or even if he forbade the acts or disapproved of them.
Page 490 - ... months, the lapse of time shall be taken and deemed as conclusive evidence against the validity of such claim, any statute of limitation to the contrary notwithstanding.
Page 738 - In every such case the principal holds out his agent as competent and fit to be trusted, and thereby, in effect, he warrants his fidelity and good conduct in all matters within the scope of the agency.
Page 597 - The general rule, resulting from considerations as well of justice as of policy, is, that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and in legal presumption, the compensation is adjusted accordingly.
Page 89 - State legislatures have no authority to create a maritime lien, nor •can they confer any jurisdiction upon a State court to enforce such a lien by a suit or proceeding in rem, as practised in the admiralty courts...
Page 359 - ... shall lade the same as freight or baggage, on any vessel, without at the time of such lading giving to the master, clerk, agent, or owner of such vessel receiving the same a written notice of the true character and value thereof, and having the same entered on the bill of lading therefor, the master and owner of such...