The American Law Register, Volume 3; Volume 12D.B. Canfield & Company, 1864 - Electronic journals |
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Page 39
... amount actually received by him . The express con- tract being absolutely void , no implied obligation can spring from it . The lender cannot waive or abandon the usurious agreement so far as it is illegal , and enforce it for the ...
... amount actually received by him . The express con- tract being absolutely void , no implied obligation can spring from it . The lender cannot waive or abandon the usurious agreement so far as it is illegal , and enforce it for the ...
Page 46
... amount claimed as due at any time . Equity follows the analogies of the law where an analogous relief is sought upon a similar claim , but where the relief sought is in its nature of equitable , not legal cognisance , equity follows its ...
... amount claimed as due at any time . Equity follows the analogies of the law where an analogous relief is sought upon a similar claim , but where the relief sought is in its nature of equitable , not legal cognisance , equity follows its ...
Page 48
... amount secured . As the complainants do not seek to recover any advances made after Barker's purchase ( nor , indeed , any debts accruing after the date of the mortgage ) , none of the questions in regard to intervening equities arise ...
... amount secured . As the complainants do not seek to recover any advances made after Barker's purchase ( nor , indeed , any debts accruing after the date of the mortgage ) , none of the questions in regard to intervening equities arise ...
Page 58
... amount to his mortgage , and to foreclose as for a sum immediately payable , though no part of the principal was due on the mortgage : Id . Judgment under the Code must be based on the Pleadings . - A judg ment under the Code ( § 274 ) ...
... amount to his mortgage , and to foreclose as for a sum immediately payable , though no part of the principal was due on the mortgage : Id . Judgment under the Code must be based on the Pleadings . - A judg ment under the Code ( § 274 ) ...
Page 62
... amount of one hundred thousand dollars , had not been paid in and invested as required by St. 1854 , c . 453 , § 31 ; or that the company have neglected to appoint a general agent , under § 32 of the same act , unless notice to do so ...
... amount of one hundred thousand dollars , had not been paid in and invested as required by St. 1854 , c . 453 , § 31 ; or that the company have neglected to appoint a general agent , under § 32 of the same act , unless notice to do so ...
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Common terms and phrases
agent agreement alleged amount applied assignment authority bailment bank bill bond capture cause of action citizen claim common law consideration Constitution contract conveyance corporation court of equity coverture creditor damages debt decisions declared decree deed defendant delivered divorce doctrine domicil duty effect England English entitled equity estopped estoppel evidence executed existing fact fee simple fraud grant grantor ground held husband indorsed insanity interest judge judgment jurisdiction jury Justice land legislature liable lien Lord marriage married ment Milwaukie mortgage mortgagor notice obligation opinion owner paid parties payment person plaintiff possession principle promissory promissory note provisions purchaser question railroad reason recover regard remedy Reports rule says seisin Seymour statute Statute of Limitations subsequent suit Supreme Court testamentary capacity testator tion United usury valid void watercourse Weehawken Wend wife York
Popular passages
Page 459 - Also to the ninth and tenth sections of an act entitled "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," approved July 17, 1862, and which sections are in the words and figures following: "SEC.
Page 325 - In case of a disagreement between the two houses, with respect to the time of adjournment, the Governor shall have power to adjourn...
Page 331 - Neither House shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two Houses shall be sitting.
Page 535 - ... of its capital, after deducting the assessed value of its real estate, and all shares of stock in other corporations actually owned by such company which are taxable upon their capital...
Page 139 - AVhere a remainder shall be limited to the heirs, or iifefwhe'nto heirs of the body of a person to whom a life estate, in the same premises...
Page 334 - Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts.
Page 590 - It shall be lawful, for the time to come, for any one to go out of our kingdom, and return safely and securely, by land or by water, saving his allegiance to us...
Page 472 - The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crime shall have been committed...
Page 140 - By section 35 of the same article, it is, also, provided that "expectant estates are descendible, devisable and alienable in the same manner as estates in possession.
Page 32 - P. 249] , and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.