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action affirmed agent agreed agreement alleged amended amount answer appeal application assessment authority bank Bergenthal brief cause charge circuit court circumstances claim complaint conclusion condition consideration considered contract corporation costs counsel course damages deed defective defendant direct duty effect engine error established evidence ex rel executed fact findings fraud further given ground held highway hold horse injury instructions interest issue judge judgment jury land limitation material matter ment negligence notice objection operation opinion oral owner paid parties payment person petition plaintiff pleaded possession premises present proceedings proof proper purchase question reason received record recover referred refused respect respondent result rule Stats statute street sufficient thereof tion town transaction trial verdict warranty witness
Side 325 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Side 322 - As between immediate parties, and as regards a remote party other than a holder in due course, the delivery, in order to be effectual, must be made either by or under the authority of the party making, drawing, accepting or indorsing, as the case may be; and in such case the delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument.
Side 322 - A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face; (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; (3) That he took it in good faith and for value; (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Side 47 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Side 400 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as (1) are due as a tax levied by the United States, the State, county, district, or municipality in which he resides; (2) are liabilities for obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another...
Side 499 - ... before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Side 186 - True, the general rule is that a principal is bound by the acts of his agent within the scope...
Side 48 - ... as may fairly be said to have been within the contemplation of the parties when the contract was made as attending the use of the insured property.
Side 323 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Side 252 - The contestants of the claim, the plaintiffs in the present action, appealed to the supreme court, where the judgment of the circuit court was reversed and the cause remanded with directions that the judgment of the county court disallowing the entire claim be affirmed.