Selected Cases on the Law of Quasi-contractsBobbs-Merrill, 1917 - 650 sivua |
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Tulokset 1 - 5 kokonaismäärästä 100
Sivu 2
... opinion to rewrite the learning found in the opinions of other courts , and in the books of the text writers , upon this question of the contract character of a judgment . A very brief examination of the subject demonstrates the fact ...
... opinion to rewrite the learning found in the opinions of other courts , and in the books of the text writers , upon this question of the contract character of a judgment . A very brief examination of the subject demonstrates the fact ...
Sivu 4
... opinion , be included ; but if used in a general and leading sense , to distinguish actions of one class from those of the other , then the expression must be presumed to have been used in view of the common understanding and practice ...
... opinion , be included ; but if used in a general and leading sense , to distinguish actions of one class from those of the other , then the expression must be presumed to have been used in view of the common understanding and practice ...
Sivu 5
... opinion , 32 Hun 255. Exception of " any contract or obligation made before the passage of the act " in ch . 538 , Laws of 1879 ( reducing legal rate of interest ) , — a judg- ment is not a contract , O'Brien v . Young , 95 N. Y. 428 ...
... opinion , 32 Hun 255. Exception of " any contract or obligation made before the passage of the act " in ch . 538 , Laws of 1879 ( reducing legal rate of interest ) , — a judg- ment is not a contract , O'Brien v . Young , 95 N. Y. 428 ...
Sivu 12
... opinion that an action of debt well lies in this case.1 ' In Elliott v . Gibson , 10 B. Mon. ( Ky . ) 438 ( 1850 ) , where assumpsit was brought upon the liability of the owner of an escaped slave to pay a statutory reward , if he ...
... opinion that an action of debt well lies in this case.1 ' In Elliott v . Gibson , 10 B. Mon. ( Ky . ) 438 ( 1850 ) , where assumpsit was brought upon the liability of the owner of an escaped slave to pay a statutory reward , if he ...
Sivu 13
... opinion of the court in Lyon v . McManus , 4 Bin . 167. The action to recover the fees in that case was assumpsit on an implied contract , and it was there held that where a statute gives fees the law implies a promise to pay by the ...
... opinion of the court in Lyon v . McManus , 4 Bin . 167. The action to recover the fees in that case was assumpsit on an implied contract , and it was there held that where a statute gives fees the law implies a promise to pay by the ...
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Yleiset termit ja lausekkeet
action for money action to recover affirmed agent agreed agreement alleged amount appears appellant appellee applied assumpsit authority Bank benefit bill brought charge circumstances cited claim common law consideration contract court of equity court says creditor damages debt debtor decision deed defendant defendant's delivered demand doctrine duress duty entitled to recover error evidence execution executor fendant fraud ground held illegal implied indorsed judgment jury justice labor land liable Lord Lord MANSFIELD Mass ment mistake of fact mistake of law money paid mortgage obligation opinion owner pari delicto party payment performance person plaintiff plaintiff in error possession principle purchase quantum meruit Quasi-Contracts question reason received recover back recover it back recovery refused remedy rendered rule sold statute statute of frauds suit sustained thereof tiff tion tort transaction trial ultra vires usurious verdict void voluntary
Suositut otteet
Sivu 513 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Sivu 413 - jus ' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of law ; but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is that that agreement is liable to be set aside as having proceeded upon a common mistake.
Sivu 90 - If the defendant be under an obligation, from the ties of natural justice, to refund; the law implies a debt, and gives this action, founded in the equity of the plaintiff's case, as it were upon a contract ('quasi ex contractu,') as the Roman law expresses it.
Sivu 212 - ... because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel.
Sivu 192 - If the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other Is apportioned to each Item to be performed, or is left to be implied by law, such a contract will generally be held to be eeverable.
Sivu 623 - ... judge instructed the jury to find a verdict in favor of the defendant, on the ground that the...
Sivu 397 - Wells, of , gentlemen, to be my true and lawful attorney, for me and in my name, to enter into and take possession of a certain messuage, late in the tenure and occupation of J.
Sivu 421 - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money.
Sivu 411 - He who receives it has a right to consider it as his without dispute: he spends it in confidence that it is his; and it would be most mischievous and unjust, if he who has acquiesced in the right by such voluntary payment, should be at liberty, at any time within the statute of limitations, to rip up the matter, and recover back the money.
Sivu 111 - Unless the promise, contract, or 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 by some person thereunto by him lawfully authorized.