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The Albany Law Journal: A Monthly Record of the Law and the ..., Volumer 51-52
Uten tilgangsbegrensning - 1895
action affirmed agreement Albany alleged amount appear applied assignment attorney authority bank bill bonds cause cause of action charge cited claim Code common law Constitution contract corporation counsel Court of Appeals court of equity creditors damages debt decided decision declared deed defendant duty easement entitled equity error evidence execution fact fee simple fraud Guiteau havo held indorsement injury interest judge judgment jurisdiction jury justice land Legislature liable matter ment mortgage negligence notice Opinion owner paid party payment person plaintiff plaintiff in error possession proceedings promissory note purchaser question railroad reason receiver recover reference rule statute statute of frauds statute of limitations sufficient suit suoh Supreme Court testator tion trial trust whioh wife writ York
Side 151 - no action shall be brought whereby * * * to charge any person * * * upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; * * * unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Side 7 - ... at the rate allowed by the laws of the state, territory, or district where the bank is located, and no more, except that where by the laws of any state a different rate is limited for banks of issue organized under state laws, the rate so limited shall be allowed for associations organized or existing in any such state under this title.
Side 293 - But in all cases there must be a reasonable ground, founded upon the relations of the parties to each other, either pecuniary or of blood or affinity, to expect some benefit or advantage from the continuance of the life of the assured.
Side 149 - He must make an earnest, not a simulated, effort with the managing body of the corporation to induce remedial action on their part; and this must be made apparent to the court. If time permits or has permitted, he must show, if he fails with the directors, that he has made an honest effort to obtain action by the stockholders as a body in the matter of which he complains ; and he must show a case, if this is not done where it could not be done, or it was not reasonable to require it...
Side 92 - It reproduced the historic words of the ordinance of 1787 for the government of the Northwest Territory and gave them unrestricted application within the United States and all placrs subject to their jurisdiction.
Side 94 - ... that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said circuit court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under this act, the said circuit court shall proceed no further therein, but shall dismiss the suit or remand it to the court from which it was removed, as justice may require, and...
Side 8 - Territory or district, the bank may take, receive, reserve, or charge a rate not exceeding seven per centum...
Side 73 - 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.
Side 232 - When the sale is of personal property, capable of manual delivery, it must be within view of those who attend the sale, and be sold in such parcels as are likely to bring the highest price...
Side 286 - Hall, that in construing wills, and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further.