Harvard Law Review, Volume 32Harvard Law Review Pub. Association, 1919 |
From inside the book
Results 6-10 of 100
Page 21
... express promise to honor such drafts . This type of letter might be treated on the offer theory and could be upheld in that way . But it is perfectly obvious that those who draw and act on letters framed in such terms have in view ...
... express promise to honor such drafts . This type of letter might be treated on the offer theory and could be upheld in that way . But it is perfectly obvious that those who draw and act on letters framed in such terms have in view ...
Page 23
... express a transaction of another sort rather than that indicated by the text . taken alone a transaction well known to the commercial world by the name given it . - Lastly there is a fourth type drawn apparently with no theory in mind ...
... express a transaction of another sort rather than that indicated by the text . taken alone a transaction well known to the commercial world by the name given it . - Lastly there is a fourth type drawn apparently with no theory in mind ...
Page 25
... Express warranties have more and more been replaced by warranties implied in the transaction , and the whole subject has been settling down to the rational basis of exacting what good faith would require in view of expectations ...
... Express warranties have more and more been replaced by warranties implied in the transaction , and the whole subject has been settling down to the rational basis of exacting what good faith would require in view of expectations ...
Page 27
... express incorporations of the buyer - seller contract into the letter by reference as in the form in note 64 are of doubtful wisdom . From the standpoint of the holder , again assuming that he in- tends to act in good faith , there can ...
... express incorporations of the buyer - seller contract into the letter by reference as in the form in note 64 are of doubtful wisdom . From the standpoint of the holder , again assuming that he in- tends to act in good faith , there can ...
Page 28
... express power of designating those in whose favor it may be made available . How shall we , treat these cases ? Where one attempts to assign such a letter , it is clear that under the offer theory no one may accept the offer , and ...
... express power of designating those in whose favor it may be made available . How shall we , treat these cases ? Where one attempts to assign such a letter , it is clear that under the offer theory no one may accept the offer , and ...
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Other editions - View all
Common terms and phrases
31 HARV action Adams Express Co addressee administration adverse possession authority bill bill of lading Code Commission common law CONFLICT OF LAWS Congress Constitution contract corporation cost creditor decision defendant doctrine domicile effect English equitable servitude equity estoppel executor exercise fact federal foreign held holder Ibid income instrument intangible property interstate commerce Interstate Commerce Commission issuer jurisdiction Justice land law merchant legislation letter of credit liability marriage Mass matter ment mortgage N. Y. Supp National Bank negotiable Negotiable Instruments Ohio opinion owner parties payment person plaintiff possession principle prohibition Public Service public utility question railroad Railway rates reasonable receipts regulation result Roman law rule sovereign Stat statute supra Supreme Court taxable taxation theory tion trust Union United valid York
Popular passages
Page 737 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 738 - That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.
Page 730 - On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year.
Page 59 - This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Page 470 - A sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends.
Page 769 - That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 943 - Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right ; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
Page 130 - The heights by great men reached and kept Were not attained by sudden flight, But they, while their companions slept. Were toiling upward in the night.
Page 59 - If, as has always been understood, the sovereignty of congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations, and among the several states, is vested in congress as absolutely as it would be in a single government, having in its constitution the same restrictions on the exercise of the power as are found in the constitution of the United States.
Page 527 - What the company is entitled to demand, in order that it may have just compensation, is a fair return upon the reasonable value of the property at the time it is being used for the public.