Cases in Quasi Contract: Selected from Decisions of English and American Courts

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West Publishing Company, 1916 - Quasi contracts - 622 pages

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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.
Page 318 - ... 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.

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