American Railroad and Corporation Reports: Being a Collection of the Current Decisions of the Courts of Last Resort in the United States Pertaining to Railroad and Corporation Law, Volume 5John Lewis E.B. Myers, 1892 |
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Halaman 7
... contract , and the materiality is not open to discussion . No liability can arise , except within the terms of the contract , of which the warranty is a part . On the other hand , a mere representation is in its nature no part of the ...
... contract , and the materiality is not open to discussion . No liability can arise , except within the terms of the contract , of which the warranty is a part . On the other hand , a mere representation is in its nature no part of the ...
Halaman 8
... contract . To recover , the assured must bring himself within the terms of the contract upon which he sues . Alexander v . Insurance Co. , 66 N. Y. 464 . The second assignment of error is upon the refusal of the court to charge the jury ...
... contract . To recover , the assured must bring himself within the terms of the contract upon which he sues . Alexander v . Insurance Co. , 66 N. Y. 464 . The second assignment of error is upon the refusal of the court to charge the jury ...
Halaman 9
... contract for a vacancy thus oc- curring , and the court had already charged , concerning such a vacancy , during life of policy , " that , if defendant had notice of such vacancy of the house after it had been insured , and as- sented ...
... contract for a vacancy thus oc- curring , and the court had already charged , concerning such a vacancy , during life of policy , " that , if defendant had notice of such vacancy of the house after it had been insured , and as- sented ...
Halaman 93
... contract is severable , and a breach of a condition of the policy against incumbrances could only affect that class of property which was covered by the incumbrance . The execution of the mortgages upon the lands , therefore , only ...
... contract is severable , and a breach of a condition of the policy against incumbrances could only affect that class of property which was covered by the incumbrance . The execution of the mortgages upon the lands , therefore , only ...
Halaman 94
... contract of insurance , like all other contracts , must be construed so as to give effect , if possible , to all its provisions . This policy provides that written notice of the loss or damage must be immediately given , and within ...
... contract of insurance , like all other contracts , must be construed so as to give effect , if possible , to all its provisions . This policy provides that written notice of the loss or damage must be immediately given , and within ...
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Halaman 218 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others : First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted ; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Halaman 627 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Halaman 618 - When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he must submit to the control.
Halaman 352 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Halaman 364 - No county, city, township, school district, or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose, to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for the state and county taxes, previous to the incurring of such indebtedness.
Halaman 598 - Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law.
Halaman 571 - The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation ; and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only for municipal, educational, literary, scientific, religious or charitable purposes, as may be specially exempted by law.
Halaman 564 - Every share in any company shall be deemed and taken to have been issued, and to be held, subject to the payment of the whole amount thereof in cash...
Halaman 665 - ... of capital, and of the proportion actually paid in, and the amount of its existing debts, which report shall be signed by the president and a majority of the trustees...
Halaman 369 - Provided, That no debt shall be contracted under this section, unless all questions connected with the same, shall have been first submitted to a vote of the people, and have received three-fifths of all the votes cast for and against the same.