A Selection of Leading Cases Upon Commercial Law Decided by the Supreme Court of the United States, Volume 725D. Appleton, 1847 - 500 pages |
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Results 1-5 of 100
Page 8
... nature , on the will of the person making it , and may in general be recalled at his will ; yet if he binds himself for a considera- tion , in terms , or by the nature of his contract , not to change his will , the law will not permit ...
... nature , on the will of the person making it , and may in general be recalled at his will ; yet if he binds himself for a considera- tion , in terms , or by the nature of his contract , not to change his will , the law will not permit ...
Page 9
... nature of the transaction , is most usually engrafted in the power itself . Its usual language is , that the substitute shall do that which he is empowered to do in the name of his principal . He is put in the place and stead of his ...
... nature of the transaction , is most usually engrafted in the power itself . Its usual language is , that the substitute shall do that which he is empowered to do in the name of his principal . He is put in the place and stead of his ...
Page 22
... nature of the transaction , the principal may treat the sub - agent as his agent , and when he has received the money , may recover it in an action for money had and received . " The main subject may be considered , first , as to the ...
... nature of the transaction , the principal may treat the sub - agent as his agent , and when he has received the money , may recover it in an action for money had and received . " The main subject may be considered , first , as to the ...
Page 25
... natural and general understand- ing of men of business is surely not this ; it is that of an implied agreement with the bank itself , of whose officers and agents they have no knowledge , and with whom they have no privity of contract ...
... natural and general understand- ing of men of business is surely not this ; it is that of an implied agreement with the bank itself , of whose officers and agents they have no knowledge , and with whom they have no privity of contract ...
Page 26
... the default of his own agent , if from the nature of the business it was evident that some under agent must be employed , and that the principal could not do the busi- Bank of Washington vs. Triplett & Neale . ness without 26 AGENCY .
... the default of his own agent , if from the nature of the business it was evident that some under agent must be employed , and that the principal could not do the busi- Bank of Washington vs. Triplett & Neale . ness without 26 AGENCY .
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.