The Northeastern Reporter, Volume 59West Publishing Company, 1901 - Law Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio. |
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Page 5
... mortgage on the land , and repay the purchase money and certain liquidated damages . The road was con- structed by ... mortgage given by such grantors ; ( 3 ) to re- fund to the plaintiff any sums of money paid on the mortgage or on the ...
... mortgage on the land , and repay the purchase money and certain liquidated damages . The road was con- structed by ... mortgage given by such grantors ; ( 3 ) to re- fund to the plaintiff any sums of money paid on the mortgage or on the ...
Page 6
... mortgage made by the parties to said agree- ment of the second part , to the party of the first part , to secure the payment of the sum of fifty - five thousand five hundred and eighty ( $ 55,580 ) dollars , which mortgage ( bears even ...
... mortgage made by the parties to said agree- ment of the second part , to the party of the first part , to secure the payment of the sum of fifty - five thousand five hundred and eighty ( $ 55,580 ) dollars , which mortgage ( bears even ...
Page 31
... mortgage should never be considered or treated as a mortgage . Proctor v . Cole , 66 Ind . 576. The effect of an attempted with- drawal of a part of a cause of action is fully considered in Railway Co. v . Koons , 105 Ind . 507 , 5 ...
... mortgage should never be considered or treated as a mortgage . Proctor v . Cole , 66 Ind . 576. The effect of an attempted with- drawal of a part of a cause of action is fully considered in Railway Co. v . Koons , 105 Ind . 507 , 5 ...
Page 40
... mortgage by plea or proof of usury , although a statute declared all mortgages on a usu- rious consideration void . In Ewell v . Daggs , supra , a Texas statute declared a contract of loan at a greater rate than 12 per cent . per annum ...
... mortgage by plea or proof of usury , although a statute declared all mortgages on a usu- rious consideration void . In Ewell v . Daggs , supra , a Texas statute declared a contract of loan at a greater rate than 12 per cent . per annum ...
Page 57
... mortgages , and passing on the title to the mortgaged premises , knew that a suit might be brought against the mortgagor to establish a superior title to the premises , is sufficient to sustain a finding that the mortgage was taken with ...
... mortgages , and passing on the title to the mortgaged premises , knew that a suit might be brought against the mortgagor to establish a superior title to the premises , is sufficient to sustain a finding that the mortgage was taken with ...
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Common terms and phrases
affirmed agent alleged amendment amount answer appellant's appellate court appellate division appellee appellee's assessment assignment authority averred Bank bill bill of lading bond cause of action circuit court claim commissioners complaint constitution contract contributory negligence Cook county corporation counsel court of equity damages debt defendant defendant's demurrer duty election electors entitled error evidence facts favor fendant filed held injury issue Judge judgment jury land lease liability lien Marion county Mass ment mortgage motion negligence Ohio opinion overruled owner paid paragraph party payment pellant performance person plain plaintiff plaintiff in error pleading purchase question railroad Railroad Co reason record recover refused replevin reversed rule statute street sufficient superior court supreme court sustained term testator thereof tiff tion trial court trust verdict votes cast witness
Popular passages
Page 402 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Page 369 - Any amendment or amendments to this constitution may be proposed in the senate and assembly ; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals with the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election...
Page 362 - Legislature so next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each House...
Page 13 - ... the sum for which this company is liable pursuant to this policy shall be payable sixty days after due notice, ascertainment, estimate, and satisfactory proof of the loss have been received by this company in accordance with the terms of this policy.
Page 254 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Page 15 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality...
Page 248 - Illinois, hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of this State.
Page 382 - ... if it shall appear that a majority of all the votes cast at such election...
Page 22 - That with a view to secure reciprocal trade with countries producing the following articles, and for this purpose, on and after the first day of January, eighteen hundred and ninety-two, whenever, and so often as the President shall be satisfied...
Page 348 - The fact that this notice was given after an attempt to settle the claim had been made, was to be considered by the jury in connection with the other evidence...