Cases in Quasi Contract: Selected from Decisions of English and American Courts |
Contents
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Other editions - View all
Cases in Quasi Contract: Selected from Decisions of English and ..., Volume 45 Edward Sampson Thurston No preview available - 2015 |
Cases in Quasi Contract, Selected from Decisions of English and American Courts Edward Sampson Thurston No preview available - 2019 |
Common terms and phrases
action for money action of debt agent agreed agreement alleged amount Appeal assumpsit authority bank benefit bill bills of lading bond brought cause of action Circuit Court circumstances claim consideration court of equity damages defendant defendant's delivered demand doctrine duty entitled to recover equity error evidence executor fendant fraud ground held illegal indebitatus indorsed judge judgment jury justice labor land liable Lord Mansfield Mass ment mistake of fact mistake of law money paid nonsuit obligation opinion is omitted owner pari delicto parties payment performance person plaintiff paid plaintiffs in error principle promise purchase quantum meruit Quasi Contracts question reason receive the money recover back recover it back recovery refused rescind rule sold statute statute of frauds supra Supreme Court term tiff tion tort transaction trial verdict
Popular passages
Page 180 - The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance; and admits: 1. The existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the instrument; and 2. The existence of the payee and his then capacity to indorse.
Page 35 - ... 1. A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Page 20 - But it lies for money paid by mistake; or upon a consideration which happens to fail; or for money got through imposition (express or implied); or extortion; or oppression; or an undue advantage taken of the plaintiffs situation, contrary to laws made for the protection of persons under those circumstances.
Page 42 - ... shall be liable in like manner, and to the same extent as the testator or intestate...
Page 389 - Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered he must pay for them at the contract rate.
Page 125 - I take it, there are two general rules established, applicable to this question: the first is, that where the risk has not been run, whether its not having been run was owing to the fault, pleasure, or will of the insured, or to any other cause, the premium shall be returned: because a policy of insurance is a contract of indemnity.
Page 110 - Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been sustained by defendant's negligence.
Page 556 - If the act is in itself immoral, or a violation of the general laws of public policy, there, the party paying shall not have this action; for where both parties are equally criminal against such general laws, the rule is, potior est conditio defendentis.
Page 20 - In trover for certain goods, being household furniture, a verdict was found for the plaintiff, subject to the opinion of this Court on the following case.
Page 316 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.