Selected Cases on the Law of Quasi-contractsBobbs-Merrill, 1917 - 650 sivua |
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Tulokset 6 - 10 kokonaismäärästä 100
Sivu 49
... Trial in the superior court , before DEWEY , J. , who reported the case for the determination of this court , in substance as follows : It was in evidence that , prior to April 14 , 1877 , the plaintiff had exchanged the horse in ...
... Trial in the superior court , before DEWEY , J. , who reported the case for the determination of this court , in substance as follows : It was in evidence that , prior to April 14 , 1877 , the plaintiff had exchanged the horse in ...
Sivu 54
... trial . Exceptions overruled . COSGRIFF ET AL . V. FOSS ET AL . ACTION of partition . 152 N. Y. 104. - 1897 . VANN , J. - The question presented by this appeal is whether a tenant in common , who is also lessee of his cotenant , can be ...
... trial . Exceptions overruled . COSGRIFF ET AL . V. FOSS ET AL . ACTION of partition . 152 N. Y. 104. - 1897 . VANN , J. - The question presented by this appeal is whether a tenant in common , who is also lessee of his cotenant , can be ...
Sivu 59
... trial assigned as the only ground that " the judgment is contrary to the law and the evidence . " Upon such a motion affidavits of new witnesses are not admissible , and therefore those filed are not considered , further than to say ...
... trial assigned as the only ground that " the judgment is contrary to the law and the evidence . " Upon such a motion affidavits of new witnesses are not admissible , and therefore those filed are not considered , further than to say ...
Sivu 64
... trial ordered , with costs to abide the event . All concur.1 ' See also , De Cesare v . Flauraud , 69 App . D. ( N. Y. ) 299 ( 1902 ) . In McGuire v . Hughes , 207 N. Y. 516 ( 1913 ) , a physician sued the mother of a patient who was ...
... trial ordered , with costs to abide the event . All concur.1 ' See also , De Cesare v . Flauraud , 69 App . D. ( N. Y. ) 299 ( 1902 ) . In McGuire v . Hughes , 207 N. Y. 516 ( 1913 ) , a physician sued the mother of a patient who was ...
Sivu 72
... trial in the present case ex- hibited the existence of a family relationship for a quarter of a century , from which the brother and sister each derived substantial benefit in the services of the other , and that the services rendered ...
... trial in the present case ex- hibited the existence of a family relationship for a quarter of a century , from which the brother and sister each derived substantial benefit in the services of the other , and that the services rendered ...
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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.