The Practice in Courts of Justice in England and the United States, المجلد 2
A. Morris, 1855
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عبارات ومصطلحات مألوفة
acceptance acceptor according action Adol agreement amount appear applied assignee authority Bank Barn become bill Bingh bond bound breach brought Camp charge claim common law condition consideration considered contract convey court covenant Cress damages debt decision deed defendant delivered delivery demand drawer East effect endorser England entitled established evidence executed express fact followed give given grant hands heirs held holder implied intended interest Johns Jones judges judgment land Law Rep lease lessee liable Lord maintained maker Mass ment necessary negotiable notice obligation opinion original paid party pass payable payee payment performance person Pick plaintiff possession presented principle promise protest purchase question reasonable received recover rent respect rule says Scott seal shew Smith statute sufficient suit taken Taunt term thing tion unless Virginia Wend whole wife York
الصفحة 413 - By the seventeenth section, it is enacted that " no contract for the sale of any goods, wares, and merchandises, for the price of £,10 sterling, or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
الصفحة 60 - 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, 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. And so it is where no time is fixed for performance of that, which is...
الصفحة 663 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence.
الصفحة 319 - All contracts or agreements, whether by parol or in writing, by way of gaming, or wagering, shall be null and void ; and no suit shall be brought or maintained in any court of law or equity, for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person, to abide the event on which any wager shall have been made...
الصفحة 363 - ... for the use and occupation of what was so held or enjoyed; and if in evidence on the trial of such action any...
الصفحة 50 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
الصفحة 494 - If goods are sold upon credit, and nothing is agreed upon as to the time of delivering the goods, the vendee is immediately entitled to the possession, and the right of possession and the right of property vests at once in him...
الصفحة 694 - Salk. 282, as a general position," that no master is chargeable with the acts of his servant but when he acts in the execution of the authority given him." Now when a servant quits sight of the object for which he is employed, and without having in view his master's orders pursues that which his own malice suggests, he no longer acts in pursuance of the authority given him, and according to the doctrine of Lord Holt his master will not be answerable for such act.
الصفحة 672 - ... it is a right only to the flow of the water, and the enjoyment of it, subject to the similar rights of all the proprietors of the banks on each side to the reasonable enjoyment of the same gift of Providence. It is only therefore for an unreasonable and unauthorised use of this common benefit that an action will lie...
الصفحة 505 - product of or substitute for the original thing still follows the " nature of the thing itself as long as it can be ascertained to