A Treatise on the Rules for the Selection of the Parties to an ActionF. D. Linn, 1886 - 559 páginas |
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Términos y frases comunes
action for tort action is brought actions on contract agent agreement apply assignee authority bailment bankrupt Bankruptcy Act bill Bing breach of contract bring an action Bullen carrier cause of action Chapter chose in action claim committed common law consideration consignor corporation court court of equity covenant covenantees coverture CURIAM damage death debts due deceased deed defendant detinue ejectment entitled equity ex delicto Exception Exch executor executor or administrator express firm fraud ground held husband and wife Ibid injury interest join joint jointly judgment land lessee liable libel Lindley maintain an action marriage master misjoinder negligence non-joinder owner partner Partnership party person plaintiff plea plea in abatement Pleadings principal promise question Rail received recover representatives right of action rule Saund servant set-off Smith statute sued sues tenant tion tract trespass trover trustee unless Vict Williams words wrong wrong-doer
Pasajes populares
Página 429 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another ; therefore, it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree.
Página 217 - ... an account shall be taken of what is due from the one party to the other in respect of such mutual dealings, and the sum due from the one party shall be set off against any sum due from the other party, and the balance of the account, and no more, shall be claimed or paid on either side respectively...
Página 480 - ... each is an observer of the conduct of the others, can give notice of any misconduct, incapacity or neglect of duty, and leave the service, if the common employer will not take such precautions, and employ such agents as the safety of the whole party may require. By these means, the safety of each will be much more effectually secured, than could be done by a resort to the common employer for indemnity in case of loss by the negligence of each other.
Página 219 - ... shall declare whether any act required or authorised to be done by the trustee is to be done by all or any one or more of such persons, but all such persons are in this Act included under the term " trustee," and shall be jointtenants of the property of the bankrupt.
Página 466 - With respect to the question whether a principal is answerable for the act of his agent in the course of his master's business, and for his master's benefit, no sensible distinction can be drawn between the case of fraud and the case of any other wrong.
Página 398 - I think that what was said in the case of Marshall v. The York, Newcastle and Berwick Railway Company (7) was quite correct. It was there laid down that the right which a passenger by railway has to be carried safely, does not depend on his having made a contract, but that the fact of his being a passenger casts a duty on the company to carry him safely...
Página 506 - ... in his lifetime to another in respect of his property, real or personal, so as such injury shall have been committed within six calendar months before such person's death, and so as such action shall be brought within six calendar months after such executors or administrators shall have taken upon themselves the administration of the estate and effects of such person ; and the damages to be recovered in such action shall be payable in like order of administration as the simple contract debts...
Página 333 - ... inserting the name of the bankrupt, and by that name may in any part of the British dominions or elsewhere hold property of every description, make contracts, sue and be sued, enter into any engagements binding on himself and his successors in office, and do all other acts necessary or expedient to be done in the execution of his office.
Página 83 - But this nicety is now disregarded: though, in compliance with the ancient principle, the form of assigning a chose in action is in the nature of a declaration of trust...
Página 479 - Where several persons are employed in the conduct of one common enterprise or undertaking, and the safety of each depends much on the care and skill with which each other shall perform his appropriate duty, each is an observer of the conduct of the others, can give notice of any misconduct, incapacity, or neglect of duty, and leave the service, if the common employer will not take such precautions, and employ such agents as the safety of the whole party may require.