A Selection of Leading Cases Upon Commercial Law Decided by the Supreme Court of the United States, Volume 725D. Appleton, 1847 - 500 pages |
From inside the book
Results 1-5 of 73
Page 22
... express agree- ment between the parties , a sub - agent is to be employed by the agent to receive money for the principal , or where the authority to do so may fairly be implied from the usual course of trade , or the nature of the ...
... express agree- ment between the parties , a sub - agent is to be employed by the agent to receive money for the principal , or where the authority to do so may fairly be implied from the usual course of trade , or the nature of the ...
Page 24
... express un- derstanding to that effect ) as an appointment of the bank as an attorney or personal representative of the owner of the paper , authorized to select other agents for the purpose of collecting the note and nothing more ...
... express un- derstanding to that effect ) as an appointment of the bank as an attorney or personal representative of the owner of the paper , authorized to select other agents for the purpose of collecting the note and nothing more ...
Page 27
... express contract , a bank in New York , receiving for collection a bill of exchange drawn there upon a person in another State , is liable for any neglect of duty occurring in its collection , whether arising from the default of its ...
... express contract , a bank in New York , receiving for collection a bill of exchange drawn there upon a person in another State , is liable for any neglect of duty occurring in its collection , whether arising from the default of its ...
Page 38
... express , but it must , if not so , rest upon fair and natural implication or legal intend- ment . Where such implication or intendment is excluded , forbidden by the position of the parties , by positive law , or by the character of ...
... express , but it must , if not so , rest upon fair and natural implication or legal intend- ment . Where such implication or intendment is excluded , forbidden by the position of the parties , by positive law , or by the character of ...
Page 40
... express , or implied pro- mise of the defendant , or that it requires privity between the parties ex con- tractu to support it . The rule of the common law has a much broader and deeper foundation . Wherever the law pronounces that a ...
... express , or implied pro- mise of the defendant , or that it requires privity between the parties ex con- tractu to support it . The rule of the common law has a much broader and deeper foundation . Wherever the law pronounces that a ...
Common terms and phrases
acceptance acceptor action admitted agent agreement amount apply assignment assumpsit authority averment Bank of Alexandria Bank of Columbia bankrupt bill of exchange Binney Buckholts Chief Justice Circuit Court circumstances common law considered constitution contract corporation court of equity creditors D'Wolf debt debtor decided decision declaration deed defendant delivered the opinion demand of payment discharge discounted dishonor doctrine dollars drawer duty endorser entitled evidence executed fact firm fraud given guarantee held holder insolvent instruction intended interest John judge judgment jury law merchant letter liability Lord Lord Ellenborough Lord Mansfield maker ment non-payment notary paid parties partner partnership payable person Peters plaintiff in error plea present principle promise promissory note protest proved purchase question reason received recover remedy rule statute statute of frauds sufficient suit thereof tion transaction United usage usury valid void Winship
Popular passages
Page 227 - that the laws of the several states, except where the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision. In trials at common law, in the courts of the United States, In cases where they apply.
Page 141 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Page 143 - It must dwell in the place of its creation, and cannot migrate to another sovereignty. But although it must live and have its being in that State only, yet it does not by any means follow that its existence there will not be recognized in other places; and its residence in one State creates no insuperable objection to its power of contracting in another.
Page 228 - In the ordinary use of language, it will hardly be contended that the decisions of courts constitute laws. They are, at most, only evidence of what the laws are, and are not of themselves laws.
Page 91 - ... obligation shall be void and of no effect, otherwise to remain in full force and virtue.
Page 420 - The distinction between the obligation of a contract, and the remedy given by the legislature to enforce that obligation, has been taken at the bar, and exists in the nature of things. Without impairing the obligation of the contract, the remedy may certainly be modified, as the wisdom of the nation shall direct.
Page 396 - Mr. Chief Justice MARSHALL delivered the opinion of the Court, and, after stating the case, proceeded as follows: The...
Page 394 - I understand the rule, as now clearly settled, to be, that where the contract grows immediately out of and is connected with an illegal or immoral act, a court of justice will not lend its aid to enforce it.
Page 227 - But, admitting the doctrine to be fully settled in New York, it remains to be considered whether it is obligatory upon this court, if it differs from the principles established in the general commercial law. It is observable that the courts of New York do not found their decisions upon this point upon any local statute, or positive, fixed, or ancient local usage ; but they deduce the doctrine from the general principles of commercial law.
Page 442 - Whatever belongs merely to the remedy may be altered according to the will of the State, provided the alteration does not impair the obligation of the contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the constitution.