A general abridgment and digest of American law: with occasional notes and comments, Том 1

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Cummings, Hilliard & Co., 1823
 

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The execution of them
78
General reference
79
Some general principles on which contracts are void further
80
CHARACTER IN ISSUE
81
A gift
90
The usury to avoid a contract must be in the very contract
94
Prdmises to deliver goods transfer stock c what damages
104
There are two kinds of considerations
113
A mere voluntary courtesy is not a consideration
114
Considerations executory 19 20 21 The debts of other persons where considerations or not 22 Both parties must be bound
115
Ones promise is a consideration only when he can perform 24 A loss or prejudice to one is a good consideration
116
Considerations illegal in whole or in part are
117
If no cause of action exist there is no consideration 30 Considerations past
119
Considerations grounded on relationship
120
The discharge of a debt is a good consideration 33 So to prove a debt
121
So a bare relation between owner and tenant 35 Cohabitation when a consideration or not 36 Wifes consent a good consideration or not 37 The pits e...
123
Considerations continuing 42 Acts of officers considerations or not 43 A compromise of ta doubtful right is a good ground of a pro mise 44 If no re...
124
A contract personal once discharged can never again be the consideration of a promise
126
Nudum Pactum
127
Consideration bad 49 A consideration of the promise must be proved though in writing
128
Right of way and disturbance of that right
130
ASSUMPSIT INDEBITATUS ASSUMPSIT
141
Sundry rules and cases as to parties
142
CHAPTER
143
General principles
144
General principles
147
CHAPTER IV
149
CHAPTER VI
156
CHAPTER VIII
164
What is a market
169
Uses and trusts generally
170
Mutual account some items within six years
171
On promises not under seal expressed or implied the three
172
What is a breach of covenant
185
CHAPTER CXXI
192
When a condition is performed or not 11 Where a tender is a performance 12 Appearing at Court 13 When the condition is broken and the bond ma...
198
General principles Marriage what
203
ASSUMPSIT INSIMUL COMPUTASSIT
209
DEBT ON THE GAMING ACTS CHAPTER CXLVI
215
English cases as to covenants of warranty c pursued
217
How an express promise excludes an implied one or not
221
CHAPTER CXXXVIII
229
CHAPTER X
231
Nusances to houses
235
Agreement what
236
CHAPTER XII
254
General principles
257
Federal and State statutes 2 Debt on judgment at common law 3 Some forms of judgment 4 The effect of a judgment
259
Art 1
269
CHAPTER XIV
282
Debt on probate bond
287
CHAPTER XV
290
CHAPTER XVI
299
COVENANTS AS TO QUIET ENJOYMENT AND TO SAVE HARMLESS AND NOTICE
300
Bonds to officers
301
CHAPTER XX
378
The property considered
380
What is a negotiable contract or not 4 Notes c void by certain statutes 5 A contract once negotiable is always so by whom endorsable 6 The effects of...
386
Protests and reasonable notice
395
Protests forms
413
Where the party may have several actions on bills c
415
CHAPTER XLVIII
417
Endorser how liable and amount kc 16 The amount recovered on a protested bill
420
Circuitous actions on notes
421
Bills and notes received in payment the effects
422
Several cases
432
CHAPTER XXI
445
English cases
447
American cases
450
Further English cases
454
Pleadings defence c in trover 12 Evidence in trover
455
CHAPTER XXII
457
Carriers may have this action of assumpsit for their hire
462
ASSUMPSIT CARRIERS
475
All persons carrying goods for hire are common carriers 2 In what cases assumpsit lies against carriers or
477
Where a carrier is not liable
479
When the carriers trust ends
480
English rule9 and cases
484
CHAPTER XXIV
488
Rules or maxims in evidence
492
CHAPTER CXI
498
General principles
505
Chose in action when it is payment of a debt c or
507
CHAPTER XXVI
515
Massachusetts statutes on the subject 2 What is waste 1
522
ESTATES IN FEE SIMPLE
532
CHAPTER CXLIV
534
CHAPTER XXVII
535
CHAPTER XXVIII
542
CHAPTER XXIX
554
CHAPTER CIV
576
Nil debet in various actions
584
Form of the remedy
586
Remarks on the above matters of waste applying to this country
593
Where a penal action is local 5 Many rules in construing statutes 6 When a statute takes effect 7 Statutes against natural justice or equity 8 Statutes pu...
599
CHAPTER XXX
603
CHAPTER
605
Assumpsit by and against factors goods in transitu
608
Departure
618
CHAPTER XXXI
619
General principles
624
CHAPTER CLXX
631
Art 1
637
General principles and cases in England
651
VOL I
661
CHAPTER LXXIV
666
Forfeitures
670
CHAPTER XXXIII
673
Agistment on Massachusetts statutes
693

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Стр. 235 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Стр. 87 - And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with, or affect private contracts or engagements, bona fide, and without fraud previously formed.
Стр. 146 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Стр. 378 - ... and also every such note payable to any person or persons, body politick and corporate, his, her, or their order, shall be assignable or indorsable over, in the same manner as inland bills of exchange are or may be, according to the custom of merchants...
Стр. 316 - no State . . . shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts.
Стр. 234 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Стр. 241 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Стр. ii - District Clerk's Office. BE IT REMEMBERED, That on the seventh day of May, AD 1828, in the fifty-second year of the Independence of the UNITED STATES OF AMERICA, SG Goodrich, of the said District, has deposited in this office the...
Стр. 378 - ... assigned, or the money therein mentioned ordered to be paid by indorsement thereon, shall and may maintain his, her, or their action for such sum of money, either against the person or persons, body...
Стр. 234 - ... 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.

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