Reports of Cases Argued and Determined in the Appellate Court of the State of Indiana, Nide 29Levey Bros. & Company, Contractor for the State, 1903 With tables of cases reported and cited, and statutes cited and construed, and an index. |
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Muita painoksia - Näytä kaikki
Yleiset termit ja lausekkeet
agent Albany Trust alleged amount answer appellant appellant's appellee appellee's assignment attorney authority averred bank bond Burns chose in action Circuit Court Citizens St City claim complaint construction contract contributory negligence corporation cross-complaint damages decedent deed defendant appeals demurrer duty employe entitled error evidence executed executor facts favor Ficklin filed guardian held Indiana Indianapolis instruction issue John Hart John Sheridan Jolley Judge Judgment affirmed judgment for plaintiff jury Lafayette Savings Bank land law merchant lien Louisville Marion ment Michigan Trust Co mortgage motion negligence overruling paid paragraph party payment pellant pellee Pennsylvania Co plaintiff pleading possession Probasco purchase question railroad real estate reason record recover remonstrance rendered rule Schwabacher Section statute street sufficient suit supra sustained testified thereof tion Town township trial court trustees verdict ward Wayne Township witness
Suositut otteet
Sivu 121 - ... which render it unconscientious for the holder of the legal title to retain and enjoy the. beneficial interest, equity impresses a constructive trust on the property thus acquired in favor of the one who is truly and equitably entitled to the same, although he may never perhaps have had any legal estate therein...
Sivu 359 - Where the means of knowledge are at hand and equally available to both parties, and the subject of purchase is alike open to their inspection, if the purchaser does not avail himself of these means and opportunities, he will not be heard to say that he has been deceived by the vendor's misrepresentations.
Sivu 131 - National Bank of Muncie, one hundred and fifty dollars, with attorney's fees, value received, without any relief whatever from valuation or appraisement laws. The drawers and endorsers severally waive .presentment for payment, protest and notice of protest, and nonpayment of this note...
Sivu 655 - If any change, other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard), whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Sivu 648 - Is that a person guilty of negligence should be held responsible for all the consequences which a prudent and experienced man, fully acquainted with all the circumstances which In fact existed, whether they could have been ascertained by reasonable diligence or not, would, at the time of the negligent act, have thought reasonably possible to follow, If they had occurred to his mind.
Sivu 140 - Twelve months after date we, or either of us, promise to pay to .the order of George W.
Sivu 435 - Mann, supra,) that the contributory negligence of the party injured will not defeat the action if it be shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of the injured party's negligence.
Sivu 206 - Admissions, whether of law or of fact, which have been acted upon by others, are conclusive against the party making them, in all cases between him and the person whose conduct he has thus influenced.
Sivu 542 - ... must be tried upon principles substantially equitable. Two circumstances always important in such cases are the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so far as relates to the remedy.
Sivu 226 - Court having probate jurisdiction in any county, that any inhabitant of such county is a person of unsound mind and incapable of managing his own estate...