Rights, Remedies, and Practice, at Law, in Equity, and Under the Codes: A Treatise on American Law in Civil Causes; with a Digest of Illustrative Cases, Том 1Bancroft-Whitney Company, 1889 |
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Загальні терміни та фрази
action agent agreement Allen amount attor attorney at law authority Bank Barb bind broker by-laws charter claim client collected compensation Conn contract corporation counsel court court of equity creditors Cush damages debt defendant directors disbar duty employed employer entitled execution fees fraud Held implied indorsed injured Iowa Jones judgment land liable Mass master ment Minn mortgage N. J. Eq negligence officers Ohio St owner paid Paige party payment plaintiff power of attorney principal purchaser R. R. Co Railroad Co railroad company ratified received recover rule sell servant shares Smedes Smith sold statute statute of frauds stockholders Story on Agency subscribed subscription suit third person tion trustee Turnpike Co ultra vires Weeks on Attorneys Wend
Популярні уривки
Сторінка 611 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence.
Сторінка 527 - The general rule resulting from considerations as well of justice as of policy is that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and, in legal presumption, the compensation is adjusted accordingly.
Сторінка 549 - every corporation operating a railway shall be liable for all damages sustained by any person, including employees of such corporation, in consequence of the neglect of agents, or by any mismanagement of the engineers or other employees...
Сторінка 548 - An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general business...
Сторінка 85 - I cannot subscribe to the doctrine, that a broker's engagements are necessarily and in all cases limited to his actual authority, the reality of which is afterwards to be tried by the fact. It is clear that he may bind his principal within the limits of the authority with which he has been apparently clothed by the principal in respect of the subjectmatter ; and there would be no safety in mercantile transactions if he could not.
Сторінка 616 - L. 78) declares, that the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars...
Сторінка 527 - 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.
Сторінка 658 - Although the contract power of railroad companies is to be deemed restricted to the general purposes for which they are designed, yet there are many transactions which are incidental or auxiliary to its main business, or which may become...
Сторінка 527 - In fact, to allow this sort of action to prevail would be an encouragement to the servant to omit that diligence and caution which he is in duty bound to exercise on behalf of his master, to protect him against the misconduct or negligence of others who serve him...
Сторінка 527 - And we are not aware of any principle which should except the perils arising from the carelessness and negligence of those who are in the same employment. These are perils which the servant is as likely to know and against which he can as effectually guard as the master. They are perils incident to the service, and which can be as distinctly foreseen and provided for in the rate of compensation as any others.