The Practice in Courts of Justice in England and the United States, المجلد 3A. Morris, 1858 |
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طبعات أخرى - عرض جميع المقتطفات
عبارات ومصطلحات مألوفة
action of debt adm'r Adol agent agreement assent assumpsit authority Barn baron and feme benefit bill bind Bingh bond breach brought charter party chattel choses in action cited common law considered contract cotenant court covenant covenantees coverture Cress death deed defendant defendant's detinue England entitled ex'ors exchequer executor or administrator feme feme covert firm Grat held husband and wife infant interest Johns join joint jointly judgment Law & Eq lease liable Lord Lord Denman Lord Ellenborough maintain an action marriage Mass Monroe Munf owner paid Parke partner partnership party payment personal representative Pick plaintiff possession Pract principal profits promise to pay promissory note Raym received recover remedy rent rule says Scott seal sheriff shew ship signed Smith statute sued surviving sustained Taunt tenant in common testator third person tion tort trespass trover trustees Virginia Wend wife's
مقاطع مشهورة
الصفحة 284 - ... whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
الصفحة 404 - So, in every case, where a statute enacts, or prohibits a thing for the benefit of a person, he shall have a remedy upon the same statute for the thing enacted for his advantage, or for the recompense of a wrong done to him contrary to the said law.
الصفحة 468 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
الصفحة 48 - It does not deny that it is binding on those whom, on the face of it, it purports to bind ; but shows that it also binds another, by reason that the act of the agent, in signing the agreement, in pursuance of his authority, is in law the act of the principal.
الصفحة 67 - The clerk acted under an unavoidable ignorance and for his master's benefit when he sent the goods to his master; but nevertheless his acts may amount to a conversion; for a person is guilty of a conversion, who intermeddles with my property and disposes of it, and it is no answer that he acted under authority from another, who had himself no authority to dispose of it.
الصفحة 594 - ... every injury imports a damage, though it does not cost the party one farthing, and it is impossible to prove the contrary ; for a damage is not merely pecuniary, but an injury imports a damage, * when a man is thereby hindered of his riff/it.
الصفحة 226 - From the earliest time down to the present the word ' necessaries ' is not confined in its strict sense to such articles as were necessary to the support of life, but extended to articles fit to maintain the particular person in the state, station, and degree in life in which he is...
الصفحة 47 - Whether he does so in his own name, or in that of another, or in a feigned name, and whether the contract be signed by his own hand or by that of an agent, are inquiries not different in their nature from the question who is the person who has just ordered goods in a shop. If he is sued for the price, and his identity made out, the contract is not varied by appearing to have been made by him in a name not his own
الصفحة 408 - qui facit per alium facit per se " renders the master liable for all the negligent acts of the servant in the course of his employment ; but that liability does not make the direct act of the servant the direct act of the master. Trespass will not lie against him ; case will, in effect, for employing a careless servant, but not trespass, unless, as was said by the court in Morley v. Gaisford, 2 H. Black. 442, the act was done
الصفحة 420 - ... in form it is a fiction; in substance, a remedy to recover the value of personal chattels wrongfully converted by another to his own use. The form supposes the defendant may have come lawfully by the possession of the goods.