Cases Argued and Determined in the Circuit and District Courts of the United States, for the Seventh Judicial Circuit, Volume 5Callaghan, 1876 |
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Page 48
... for the payment of any loss except in the class to which it belongs ; " and in in pursuance of Article 9 of the charter , these by - laws are an- Fitzpatrick vs. Troy Insurance Co. nexed to the policy and 48 [ October , CIRCUIT COURT .
... for the payment of any loss except in the class to which it belongs ; " and in in pursuance of Article 9 of the charter , these by - laws are an- Fitzpatrick vs. Troy Insurance Co. nexed to the policy and 48 [ October , CIRCUIT COURT .
Page 49
... losses and ex- penses . " But this provision does not authorize a classifica- tion of the notes . It is not contemplated by the act that there should be the classification as made by the charter and by - laws of this company . One ...
... losses and ex- penses . " But this provision does not authorize a classifica- tion of the notes . It is not contemplated by the act that there should be the classification as made by the charter and by - laws of this company . One ...
Page 50
... loss , instead of being limited to the capital of that class of risks in which his policy has been placed . And in case an assessment is made , he has a right to claim that all the premium notes held by the company should be embraced ...
... loss , instead of being limited to the capital of that class of risks in which his policy has been placed . And in case an assessment is made , he has a right to claim that all the premium notes held by the company should be embraced ...
Page 56
... loss . MILLER , J. - In this bill , Charles Windt is made a party defendant . He is alleged to have money in his hands which should be applied as the funds of the judgment debtors , Fran- cis Emerson and Charles F. Foster , to the ...
... loss . MILLER , J. - In this bill , Charles Windt is made a party defendant . He is alleged to have money in his hands which should be applied as the funds of the judgment debtors , Fran- cis Emerson and Charles F. Foster , to the ...
Page 106
... loss than he actually sustained , he forfeits his rights . 3. BURDEN OF PROOF , in establishing this defense , is on the defendant , and the evidence must be either direct and positive , or the circumstances must be convincing , and ...
... loss than he actually sustained , he forfeits his rights . 3. BURDEN OF PROOF , in establishing this defense , is on the defendant , and the evidence must be either direct and positive , or the circumstances must be convincing , and ...
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Common terms and phrases
act of bankruptcy action admiralty agent alleged amount apply assignee authority bankrupt act bankrupt law bankruptcy bill BLODGETT boat bridge charge Chicago Circuit Court CIRCUIT COURT.-NORTHERN DISTRICT circumstances claim commercial paper complainant consignee construction contract corporation counsel court of equity creditors damages debt debtor declared decree deed defendant demurrer deposit Derby district court dollars duty equity evidence Ezrom fact filed fraud Illinois infringement injunction insolvent Insurance Company interest issued judgment jurisdiction jury Kendallville Kerfoot land liable libel lien loss matter Medbury ment Milwaukee & St Mississippi river mortgage National Bank navigation Oconto river owner paid parties patent payment person petition petitioner piers plaintiff plea pleadings possession proceedings promissory notes proof purchase question raft received river Rock county rule Secretary of War set-off statute stockholders suit sustained testimony tion trust United vessel Walker wife
Popular passages
Page 46 - L. 78) declares, that the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity...
Page 75 - In all cases where the rules prescribed by this Court, or by the Circuit Court, do not apply, the practice of the Circuit Court shall be regulated by the present practice of the High Court of Chancery in England, so far as the same may reasonably be applied consistently with the local circumstances and local convenience of the district where the 'Court is held, not as positive rules, but as furnishing just analogies to regulate the practice.
Page 400 - When the action is between herself and her husband, she may sue or be sued alone; 3.
Page 502 - ... its shareholders or creditors; and all payments of money to either, made after the commission of an act of insolvency, or in contemplation thereof, made with a view to prevent the application of its assets in the manner prescribed by this chapter, or with a view to the preference of one creditor to another, except in payment of its circulating notes, shall be utterly null and void...
Page 37 - ... shall be exempt from forced sale on execution, or any other final process from a court, for any debt contracted after the adoption of this constitution.
Page 381 - It is true that a statute, containing a prohibition and a penalty, makes the act which it punishes unlawful, and the same may be implied from a penalty without a prohibition ; but it does not follow that the unlawfulness of the act was meant by the legislature to avoid a contract made in contravention of it. When the statute is silent, and contains nothing from which the contrary can be properly inferred, a contract in contravention of it is void.
Page 324 - That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act...
Page 502 - suits, actions, and proceedings by and against any association under this act may be had in any circuit, district, or territorial court of the United States held within the district in which such association may be established.
Page 501 - ... to take any captured vessel, any arms or munitions of war or other material...
Page 448 - ... exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas...