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action administrator admitted agreement alleged amount answer appears applied assigned authorised aver award bill bond brought cause charge Circuit Court claim common law complainant condition consideration contains contract costs count covenant creditor damages debt declaration decree deed defendant delivered demand demurrer dollars entered entitled equity error evidence execution facts favour filed fraud further give given ground guilty Held indictment instruction interest issue Johns judgment jury justice land liable matter ment mortgage notice November objection opinion paid parties payment peace performance person plaintiff plea pleaded possession premises present principle proceedings prove purchaser question received record recover refused rendered reversed rule says sealed sheriff sold statute sufficient suit sustained taken Term tion trespass trial unless verdict whole witness writ writing
Page 319 - Martin, supra, we decided that, "if a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, ST is to be performed, an action may be brought for the money, or for not doing such other act before performance; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent...
Page 321 - 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 170 - ... M'Connell. And the plea further sets out, that under the proceedings on the attachment, the Court had given judgment against him for four thousand two hundred and four dollars and costs; but with a stay of all further proceedings until the further disposition of the case, and which remains yet undetermined. To this plea the plaintiff demurred. And the Court sustained the demurrer, and gave judgment for the plaintiff for six hundred and...
Page 500 - AB as for his costs and charges by him, about his suit in that behalf expended...
Page 277 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Page 319 - The reason of the decision in these cases is," as is observed by the learned editor, " that where a person has received a part of the consideration for which he entered into the agreement, it would be unjust that, because he had not had the whole, he should therefore be permitted to enjoy that part without either paying or doing anything for it.
Page 52 - At law it has been held that upon non est factum the defendant may give in evidence that they made him sign the bond when he was so drunk that he did not know what he did.
Page 194 - The navigable waters leading into the Mississippi and St Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the said Territory as to the citizens of the United States and those of any other States that may be admitted into the Confederacy, without any tax, impost, or duty therefor.
Page 75 - The operations of a bank require diligence, with fitness and capacity, as well as honesty, in its cashier; and the security for the faithful discharge of his duties would be utterly illusory if we were to narrow down its import to a guaranty against personal fraud only.