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according action adopted agent answer appear applied authority Bank breach carrier cause City claim commerce common law condition Congress consideration considered Constitution contingent contract corporation course court damages debt decided decision defendant determine doctrine duty easement effect enforce English equity established evidence exercise existence express fact Federal give given grant ground held holding important individual intention interest involved issue judges judgment judicial jurisdiction Justice land legislative liability limited Mass matter means merely nature necessary obligation officer opinion owner parties partnership person plaintiff possible present principal privilege proceedings question reason reference regarded regulate relation remainder remedy respect result REVIEW rule seems statute stockholders suit supra Supreme Court term theory tion tort trust United vested York