The American Law Register, Volume 3; Volume 12D.B. Canfield & Company, 1864 - Electronic journals |
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Page 10
... R. 759 . 6 Though neither the Courts of Common Law nor the Court of Chancery owed any positive obligation to follow the Ecclesiastical tribunals , they could not escap In the course of time a relaxation of the ancient 10 MENTAL UNSOUNDNESS.
... R. 759 . 6 Though neither the Courts of Common Law nor the Court of Chancery owed any positive obligation to follow the Ecclesiastical tribunals , they could not escap In the course of time a relaxation of the ancient 10 MENTAL UNSOUNDNESS.
Page 34
... obligation founded upon an antecedent valuable consideration is sufficient to sustain a pro- mise though the obligation on which it is founded never could have been en- forced at law . The note Wennall vs. Adney , 3 Bos . & Pul . 252 ...
... obligation founded upon an antecedent valuable consideration is sufficient to sustain a pro- mise though the obligation on which it is founded never could have been en- forced at law . The note Wennall vs. Adney , 3 Bos . & Pul . 252 ...
Page 35
... obligation resting upon her to pay for the goods , and to pay the notes , undertook and promised to and with the vendors of the goods . and holders of the notes to pay the same , and for the goods and every part thereof . There is also ...
... obligation resting upon her to pay for the goods , and to pay the notes , undertook and promised to and with the vendors of the goods . and holders of the notes to pay the same , and for the goods and every part thereof . There is also ...
Page 38
... obligation is not alone a sufficient legal consideration to support a promise . See 1 Story on Con . , 4th ed ... obligation on which it is founded never could have been enforced at law , though not barred by any legal maxim or statute ...
... obligation is not alone a sufficient legal consideration to support a promise . See 1 Story on Con . , 4th ed ... obligation on which it is founded never could have been enforced at law , though not barred by any legal maxim or statute ...
Page 39
... 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 residue . The contract is one ; no matter what the nature or number of the securities may be ...
... 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 residue . The contract is one ; no matter what the nature or number of the securities may be ...
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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.