A General Abridgment and Digest of American Law: With Occasional Notes and Comments, Volume 1

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Cummings, Hilliard & Company, 1823 - Law

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Contents

principles of contracts in the civil and other laws
96
PLEAS IN DEBT
100
Promises to deliver goods transfer stock c what damages
104
Nusances to houses
106
As to impeaching a promissory note on account of a considera tion
112
There are two kinds of considerations
113
A mere voluntary courtesy is not a consideration
114
Considerations executory 19 20 21 The debts of other persons where considerations or not 22 Both parties must be bound
115
Ones promise is a consideration only when he can perform 24 A loss or prejudice to one is a good consideration
116
Considerations illegal in whole or in part are
117
And when a legacy is vested or not vested
118
If no cause of action exist there is no consideration 30 Considerations past
119
Considerations grounded on relationship
120
The discharge of a debt is a good consideration 33 So to prove a debt
121
So a bare relation between owner and tenant 35 Cohabitation when a consideration or not 36 Wifes consent a good consideration or not 37 The plts e...
123
Considerations continuing 42 Acts of officers considerations or
124
In certain cases from necessity
130
CHAPTER III
143
A gift
144
CHAPTER IV
149
General principles
150
General principles
151
What is a breach of covenant
153
CHAPTER VI
156
The suspension of the plts right any time is a ground
159
General principles
162
CHAPTER VIII
164
General principles
168
Bonds to officers
169
Three cases in Massachusetts and declarations
171
Matter in auter droit how included
172
Is founded on contract and privity in law c for things
177
This writ where it lies not 5 Where error does lie 6 Error against the record or not 7 Assigning errors in fact 8 Who may have a writ of error or not 9 ...
190
CHAPTER LXXXV
192
When one agrees to pay anothers debts how far assumpsit
212
Diminution and death of parties 11 Assignment of errors 12 Release of errors
223
CHAPTER CXXXVIII
229
CHAPTER X
231
General principles
232
ASSUMPSIT AGREEMENT WRITTEN HOW REQUIRED OR
234
If no reward no skill or no neglect is implied there is no foundation of a promise
236
General principles
247
Where certiorari lies or not 3 Essential parts of writs of error of certiorari of alias certiorari 4 Proceeding in certiorari
248
CHAPTER XII
254
General principles
257
DEBT
258
A lien what and in certain general cases
268
COVENANTS AS TO QUIET ENJOYMENT AND TO SAVE HARMLESS AND NOTICE
284
Assumpsit for their fees
290
His rights as her administrator
351
His rights by judgment
353
Her separate liability
356
His being an alien enemy the effects as to this action
358
Where she is not liable to be sued though living separate
359
Where she elopes the effects 15 She is not liable to be sued though she carry on trade by her self and live apart
360
Marriage in fact or by acknowledgment binds the husband in regard to her contract for necessaries
362
When she is executrix or administratrix 18 In cases of abduction his remedies
363
Her title to his estate further
364
Several cases
366
Her appointments
367
Certain material principles resulting from the above and oth er cases considered on thirteen grounds
368
CHAPTER LXXII
371
General principles
378
Where debt lies generally 3 Debt on contracts generally 4 Contracts executory
387
CHAPTER LXXXIX
417
Departure
432
CHAPTER XXI
445
Further English cases
454
CHAPTER LXXIII
457
CHAPTER XXIII
475
Carriers may have this action of assumpsit for their hire
483
CHAPTER CXLIV
488
A contract personal once discharged can never again be the consideration of a promise
489
Rules or maxims in evidence
492
CHAPTER CXI
498
CHAPTER XXV
507
CHAPTER XXVI
515
ESTATES IN FEE SIMPLE
532
CHAPTER XXVII
535
Act of Congress
541
CHAPTER XXVIII
542
Proprietors of common and undivided lands conveyances
546
CHAPTER XXIX
554
Nudum Pactum
564
tors come in
573
CHAPTER LXXIV
576
CHAPTER XXX
603
Assumpsit by and against factors goods in transitu
608
CHAPTER XXXI
619
ACTION OF THE CASE ON TORTS NUSANGES
624
General principles and cases in England
651
Sundry cases
657
CHAPTER CV
666
Consideration bad 49 A consideration of the promise must be proved though in writing
672
CHAPTER XXXIII
673
When the entry is taken away
682
Simple contracts to pay by instalments how merged
688
General rules
698

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Page ii - District Clerk's Office. BE IT REMEMBERED, that on the tenth day of August, AD 1829, in the fifty-fourth year of the Independence of the United States of America, JP Dabney, of the said district, has deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit...
Page 232 - ... 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.
Page 233 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Page 87 - And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with, or affect private contracts or engagements, bona fide, and without fraud previously formed.
Page 146 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Page 380 - ... and also every such note payable to any person or persons, body politick and corporate, his, her, or their order, shall be assignable or indorsable over, in the same manner as inland bills of exchange are or may be, according to the custom of merchants...
Page 316 - no State . . . shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts.
Page 239 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 380 - ... assigned, or the money therein mentioned ordered to be paid by indorsement thereon, shall and may maintain his, her, or their action for such sum of money, either against the person or persons, body...
Page 232 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...

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