The American Law Register, Volume 2D.B. Canfield & Company, 1863 - Law |
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Page 6
... payment upon them , or even before the bills are put in circulation . Burdett vs. Clay , 8 B. Mon. 287. And it will ... payments made as surety upon any indorsements made by the mortgagee on behalf of the mortgagor , after the date of ...
... payment upon them , or even before the bills are put in circulation . Burdett vs. Clay , 8 B. Mon. 287. And it will ... payments made as surety upon any indorsements made by the mortgagee on behalf of the mortgagor , after the date of ...
Page 9
... pay money before any subsequent draft would be honored ; it was held that the mortgage security continued to maintain ... payment by the money of some other party , without any express agreement to subrogate such party to the rights of ...
... pay money before any subsequent draft would be honored ; it was held that the mortgage security continued to maintain ... payment by the money of some other party , without any express agreement to subrogate such party to the rights of ...
Page 10
... payment of the first instalment upon the mortgage to enable him to sell the mortgage , and the mortgagor gave a negotiable promis- sory note for the amount payable in four months to enable the creditor to raise the money by having the ...
... payment of the first instalment upon the mortgage to enable him to sell the mortgage , and the mortgagor gave a negotiable promis- sory note for the amount payable in four months to enable the creditor to raise the money by having the ...
Page 15
... payment ; and in such cases the mort- gages are the same , to all intents , as if the consideration of the indebtedness had been paid at the time the contract for their payment was given . No future incumbrance upon the same estate can ...
... payment ; and in such cases the mort- gages are the same , to all intents , as if the consideration of the indebtedness had been paid at the time the contract for their payment was given . No future incumbrance upon the same estate can ...
Page 49
... payment or extinguishment ; and , therefore , one who discounts the note under such circumstances for the maker is an innocent holder for value , and is entitled to recover from any of the parties to it . Error to the Court of Common ...
... payment or extinguishment ; and , therefore , one who discounts the note under such circumstances for the maker is an innocent holder for value , and is entitled to recover from any of the parties to it . Error to the Court of Common ...
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Common terms and phrases
agreement alleged appear applied assignment assumpsit authority Bank bill bill of lading bond breach cause certificate charter-party chose in action citizen claim common law consignees Constitution contract conveyance corporation counsel court of equity covenantor covenants for title creditor damages debt decided decision declared deed deed of trust defendant discharge doctrine duty election district entitled equity evidence execution exercise fact fraud grant grantor ground habeas corpus held indorser injury instrument Judge judgment judicial jurisdiction jury Justice land Legislature liable marriage mastic matter ment Miami tribe mortgage negligence nonsuit notice opinion owner party payment person plaintiff Port Port Colborne possession principle proceedings purchaser purpose question railroad reason recover regard remedy residence rule says seisin statute suit Supreme Court tion trial trust United valid verdict vessel votes Welland Railway writ
Popular passages
Page 228 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state.
Page 41 - If the states may tax one instrument employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; they may tax judicial process; they may tax all the means employed by the government, to an excess which would defeat all the ends of government. This was not intended by the American people. They did not design to make their government dependent...
Page 182 - ... our Heirs, Executors, and Administrators, and every of them, firmly by these Presents.
Page 752 - I do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America, and that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the rules and Articles of War.
Page 340 - States, are hereby approved and in all respects legalized and made valid to the same intent and with the same effect as if they had been issued and done under the previous express authority and direction of the Congress of the United States.
Page 756 - The general government, and the States, although both exist within the same territorial limits, are separate and distinct sovereignties, acting separately and independently of each other, within their respective spheres. The former in its appropriate sphere is supreme; but the States within the limits of their powers not granted, or, in the language of the Tenth Amendment, "reserved," are as independent of the general government as that government within its sphere is independent of the States.
Page 157 - No soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.
Page 338 - When the regular course of justice is interrupted by revolt, rebellion, or insurrection, so that the Courts of justice cannot be kept open, CIVIL WAK EXISTS, and hostilities may be prosecuted on the same footing as if those opposing the Government were foreign enemies invading the land.
Page 222 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Page 432 - If the judicial power extends so far, the guarantee contained in the Constitution of the United States is a guarantee of anarchy, and not of order. Yet if this right does not reside in the courts when the conflict is raging — if the judicial power is, at that time, bound to follow the decision of the political, it must be equally bound when the contest is over. It cannot, when peace is restored, punish as offences and crimes the acts which it before recognized, and was bound to recognize, as lawful.