Reports of Cases Decided in the Circuit and District Courts of the United States Within the Southern District of Ohio, Volume 2R. Clarke, 1872 - Law reports, digests, etc |
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Page 2
... pay to the plaintiff on March 1 , 1865 , the said sum of $ 30,000 as liquidated damages . The declaration then sets ... payment of the $ 30,000 , on the said 1st of March , or at any other time . Upon the application of the defendants ...
... pay to the plaintiff on March 1 , 1865 , the said sum of $ 30,000 as liquidated damages . The declaration then sets ... payment of the $ 30,000 , on the said 1st of March , or at any other time . Upon the application of the defendants ...
Page 3
... pay the plaintiff $ 30,000 , on or before March 1 , 1865 , contrary to the true and legal intent of said agree- ment ... pay the plaintiff the sum named as the penalty of the bond . As already noticed , the only breach assigned is the ...
... pay the plaintiff $ 30,000 , on or before March 1 , 1865 , contrary to the true and legal intent of said agree- ment ... pay the plaintiff the sum named as the penalty of the bond . As already noticed , the only breach assigned is the ...
Page 4
... pay him $ 30,000 , and having averred the non - payment of this sum as the breach of the agreement , he states a case which prima facie enti- tles him to recover . And that the fact of non - user , on and after the 1st of March , must ...
... pay him $ 30,000 , and having averred the non - payment of this sum as the breach of the agreement , he states a case which prima facie enti- tles him to recover . And that the fact of non - user , on and after the 1st of March , must ...
Page 5
... pay . But clearly this non - user , if such was the fact , was within the knowledge of defendants more properly than of the plaintiff , and must be set forth as matter of defense by plea . The object of all pleading is to advise the ...
... pay . But clearly this non - user , if such was the fact , was within the knowledge of defendants more properly than of the plaintiff , and must be set forth as matter of defense by plea . The object of all pleading is to advise the ...
Page 6
... payment of the sum agreed on as fixed damages on the day named , was to be treated as notice of the non - user by defendants ; but in the absence of express notice of that fact , the plaintiff was not bound to regard this negative evi ...
... payment of the sum agreed on as fixed damages on the day named , was to be treated as notice of the non - user by defendants ; but in the absence of express notice of that fact , the plaintiff was not bound to regard this negative evi ...
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action alleged amount answer appear application assignee attorney authority averment Bank bankrupt bending bill boat bond brought cause charged Circuit claim claimants clear clearly Clerk combination complainant conclusion Congress consideration construction counsel count court creditors decision defendants described District doubt duty effect entered evidence execution facts filed firm follows forfeiture fraud fraudulent give given granted ground held important infringement insolvent interest invention issue Judge judgment jurisdiction jury liable machine manufactured March means ment necessary notice objection Ohio operation opinion original owner paid parties patent payment penalty person plaintiff plea possession present principle proceedings proof proper proved provision question reason received referred reissued removal rule specification spirits statute substantially sufficient sugar suit sustained testimony tion trial United valid verdict wheels witnesses
Popular passages
Page 172 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 454 - The liability of the owner of any vessel for any embezzlement, loss or destruction by any person of any property, goods or merchandise, shipped or put on board of such vessel, or for any loss, damage or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners...
Page 325 - If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose...
Page 172 - When no rate is fixed by the laws of the state or territory or district, the bank may take, receive, reserve, or charge a rate not exceeding seven per centum, and such interest may be taken in advance, reckoning the days for which the note, bill, or other evidence of debt has to run.
Page 172 - Any association may take, receive, reserve, and charge on any loan or discount made, or upon any note, bill of exchange, or other evidences of debt, interest at the rate allowed by the laws of the state, territory, or district where the bank is located, and no more...
Page 295 - States over suits between citizens of different states. In carrying out the provision of the constitution which declares that the judicial power of the United States shall extend to controversies " between citizens of different states," congress, by the judiciary act of September 24, 1789, c.
Page 247 - That if any person being insolvent, or in contemplation of insolvency, within four months before the filing of the petiHaughey v. Albin. tion by or against him, with a view to give a preference to any creditor or person having a claim against him, or who is under any liability for him, procures any part of his property to be attached, sequestered, or seized on execution...
Page 369 - ... cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation, or trade, of the United States, where the seizures are made on waters which are navigable from the sea by vessels of ten or more tons' burden, within their respective districts, as well as upon the high seas...
Page 455 - Proof of all claims which shall be presented in pursuance of said monition shall be made before a commissioner, to be designated by the court, subject to the right of any person interested to question or controvert the same; and, upon the completion of said proofs, the commissioner shall make report of the claims so proven, and upon...
Page 95 - Then upon the best consideration I have been able to give to the question I am of opinion that neither the statute 33 Hen.