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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volym 51–52
Obegränsad förhandsgranskning - 1895
action agent agreement alleged anthority appears appellee applied Bank becanse becsuse canse charge cited claim commerce common law Constitution contract contributory negligence corporation counsel Court of Appeals creditors csuse damages David Dudley Field dces death debts deceased decision declaration defendant defendant's doctrine duty entitled eral error evidence execution executors express fact fendant granted held Hurlbut injury interest Jchn judge judgment jurisdiction jury justice land Legislature liability marriage ment natural gas negligence oase oity oould oourt opinion owner paid party payment pcople pecple person plaintiff plaintiff in error prchibition promissory note proof purchase purpose question Railroad Railroad Co Railway reason received recover regulation rule statute suit Supreme Court suthority testator tiff tion trial trust wife witness words York
Sida 197 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Sida 168 - No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes.
Sida 111 - ... happening by chance; unexpectedly taking place; not according to the usual course of things; or not as expected;' that, if a result is such as follows from ordinary means, voluntarily employed, in a not unusual or unexpected way, it cannot be called a result effected by accidental means ; but that if, in the act which precedes the injury, something unforeseen, unexpected, unusual occurs which produces the injury, then the injury has resulted through accidental means.
Sida 75 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision.
Sida 5 - Slaves cannot breathe in England ; * if their lungs Receive our air, that moment they are free, They touch our country, and their shackles, fall.
Sida 75 - It is just and reasonable that such a contract, fairly entered into, and where there is no deceit practiced on the shipper, should be upheld. There is no violation of public policy. On the contrary, it would be unjust and unreasonable, and would be repugnant to the soundest principles of fair dealing and of the freedom of contracting, and thus in conflict with public policy, if a shipper should be allowed to reap the benefit of the contract if there is no loss, and to repudiate it in case of loss.
Sida 171 - An alien may be admitted to become a citizen of the United States in the following manner, and not otherwise: "'First. He shall declare on oath before a circuit, or district court of the United States, or a district or supreme court of the Territories, or a court of record of any of the States having common-law jurisdiction, and a seal and clerk...
Sida 283 - ... (1). He may store or retain the property for the vendee, and sue him for the entire purchase price. (2). He may sell the property, acting as the agent for this purpose of the vendee, and recover the difference between the contract price and the price obtained on such resale; or (3).
Sida 31 - ... by which personal property was regarded as subject to the law of the owner's domicile, grew up in the Middle Ages, when movable property consisted chiefly of gold and jewels, which could be easily carried by the owner from place to place, or secreted in spots known only to himself. In modern times, since the great increase in amount and variety of personal property, not immediately connected with the person of the owner, that rule has yielded more and more to the lex situs, the law of the place...
Sida 29 - No reason is perceived why, if Congress chooses to provide that certain designated subjects of interstate commerce shall be governed by a rule which divests them of that character at an earlier period of time than would otherwise be the case, it is not within its competency to do so.