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action administrator agent agreement alleged allowed amount answer appear applied assignment authority Bank Barr's benefit bill bond cause charge circumstances cited claim Common complainant consideration contract costs Court creditor damages death debt debtor deceased deed defendant delivered demand directed discharge duty effect endorser entered entitled equity error et al evidence exchequer bills execution fact fraud give given hands held husband intention interest issue Johns judgment jury justice land liable matter mortgage necessary notice objection obtained opinion owner paid partnership party passed payment person plaintiff plea possession present principal proceedings promise proved purchaser question reason received recover reference rendered rule sell shares sold statute sufficient suit taken tion trial trustee unless verdict Wend wife witness
第 64 頁 - ... equity, shall be deemed to have a legal estate therein, of the same quality and duration, and subject to the same conditions, as his beneficial interest...
第 90 頁 - The notion that seems too much to prevail, that a party may be utterly regardless of his stipulated payments, and that a court of chancery will almost at any time relieve him from the penalty of his gross negligence, is very injurious to good morals, to' a lively sense of obligation, to the sanctity of contracts and to the character of this court.
第 91 頁 - But this is but a corollary from the general position, which is, that the real contract, and all the stipulations really intended to be complied with, literally shall be carried into effect. We must take care, however, that we do not mistake the corollary for the original proposition. If, therefore, the thing sold be of greater or less value according to the...
第 212 頁 - There can be but one final judgment in an action and that is one which in effect ends the suit in the court in which it is entered, and finally determines the rights of the parties in relation to the matter in controversy.
第 90 頁 - There is nothing of more importance than that the ordinary contracts between man and man, which are so necessary in their intercourse with each other, should be certain and fixed, and that it should certainly be known when a man is bound and when he is not.
第 62 頁 - ... was deaf, or drunk, or negligent, or in part contributed to his own death ; for in this consists a great distinction between civil and criminal proceedings.
第 167 頁 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
第 160 頁 - ... illegal detention by such officer, may be recovered back in an action for money had and received, on the ground that the payment was compulsory, or by duress or extortion.
第 75 頁 - FOWLER, a lunatic. The petition for a commission of lunacy against a non-resident, must show that the alleged lunatic is the owner of property situated in this state. It is not sufficient to state that fact in the affidavits annexed to the petition. A PETITION was presented praying for a commission in the nature of a writ de lunatico inquirendo. The alleged lunatic formerly resided in Westchester county, but was now a resident in the state of Ohio. The petition did not set forth that he had any property...
第 90 頁 - ... for a specific performance has omitted to execute his part of the contract by the time appointed for that purpose, without being able to assign any sufficient justification or excuse for his delay, and when there is nothing in the acts or conduct of the other party that amounts to an acquiescence in that delay, the court will not compel a specific performance.