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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Page 14
... , that the defend- ants conformed to their former usage in regard to such bills as the one in question , in calling on the drawee for acceptance ( the Bank of Washington vs. Triplett & Neale . said drawee 14 AGENCY .
... , that the defend- ants conformed to their former usage in regard to such bills as the one in question , in calling on the drawee for acceptance ( the Bank of Washington vs. Triplett & Neale . said drawee 14 AGENCY .
Page 15
... usage of great public conve- nience , the effect of which is well understood . This transaction was , unquestionably , of that character ; and there is no reason for suspecting that the Bank of Washington did not so under- stand it ...
... usage of great public conve- nience , the effect of which is well understood . This transaction was , unquestionably , of that character ; and there is no reason for suspecting that the Bank of Washington did not so under- stand it ...
Page 16
... usage which pervades the whole commercial world . It is now universally understood to enter into every bill or note of a mercantile character , and to form so complete a part of the contract , that the bill does not become due , in fact ...
... usage which pervades the whole commercial world . It is now universally understood to enter into every bill or note of a mercantile character , and to form so complete a part of the contract , that the bill does not become due , in fact ...
Page 17
... usage . The books which treat on the subject concur in saying , that payment must be de- manded when the bill falls due ; and that it falls due on the last day of grace . The distinction between a bill which has and which has not been ...
... usage . The books which treat on the subject concur in saying , that payment must be de- manded when the bill falls due ; and that it falls due on the last day of grace . The distinction between a bill which has and which has not been ...
Page 18
... usage of that Bank . The counsel for the defendant moved the Court to instruct the jury that this usage could not bind the en- dorser , unless he had personal knowledge of it at the time he endorsed the note . The Court refused to give ...
... usage of that Bank . The counsel for the defendant moved the Court to instruct the jury that this usage could not bind the en- dorser , unless he had personal knowledge of it at the time he endorsed the note . The Court refused to give ...
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.