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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
action for money agent agreed agreement alleged amount Appeal assumpsit authority bank benefit bill bond breach brought cause of action charge Circuit Court circumstances cited claim compensation consideration court of equity damages debt defendant defendant's delivered demand doctrine duress duty enforce entitled to recover equity error evidence executor fendant furnished ground held illegal indorsed intestate judge judgment jury justice labor land liable Lord Mansfield Mass ment mistake of fact money paid nonsuit obligation opinion is omitted owner pari delicto party payment performance person plain plaintiff in error principle promise purchase quantum meruit Quasi Contracts question reason received recover back recover the money recovery refused rendered rescind rule sold statute of frauds suit supra Supreme Court sustained term testator tiff tion tort tract transaction trial verdict
Page 182 - 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 83 - It lies only for money which, ex aequo et bono, the defendant ought to refund ; it does not lie for money paid by the plaintiff, which is claimed of him as payable in point of honor and honesty, although it could not have been recovered from him by any course of law, as in payment of a debt barred by the Statute of Limitations, or contracted during his infancy, or to the extent of principal and legal interest upon...
Page 37 - ... 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 44 - ... shall be liable in like manner, and to the same extent as the testator or intestate...
Page 391 - 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 112 - 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 133 - We are therefore of opinion that the verdict must be set aside and a new trial granted.
Page 558 - 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 22 - 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.