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A Treatise on the Law of Notice as Affecting Civil Rights and Remedies
William Pratt Wade
Pratinjau tidak tersedia - 2015
acceptance action actual notice affected agent amount appear applied assignment attorney authority Bank bill bind carrier charge circumstances cited claim communicated constructive notice contract conveyance copy court creditor decided deed defendant delivered demand deposition direct dishonor doctrine drawer duty entitled evidence excuse execution express fact failure give give notice given guaranty hands held hold holder indorser inquiry interest judgment knowledge land letter liability limited manner matter mortgage motion necessary notice notified officer original owner partnership party payment Penn person plaintiff possession premises present principal prior proceeding proper publication purchaser question reason received recitals record reference regarded render residence respect rule seems served statute subsequent subsequent purchasers sufficient suit Supra taken tenant term tion transaction trial waiver written
Halaman 12 - The true doctrine on this subject is, that where the purchaser has knowledge of any fact, sufficient to put him on inquiry as to the existence of some right or title in conflict with that he is about to purchase...
Halaman 557 - And no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ...
Halaman 145 - It is scarcely correct to speak of lis pendens as affecting a purchaser through the doctrine of notice, though undoubtedly the language of the Courts often so describes its operation. It affects him not because it amounts to notice, but because the law does not allow litigant parties to give to others, pending the litigation, rights to the property in dispute, so as to prejudice the opposite party.
Halaman 247 - The special agreement, in this case, under which the goods were shipped, provided that they should be conveyed at the risk of Harnden; and that the respondents were not to be accountable to him or to his employers, in any event, for loss or damage.
Halaman 116 - Actual notice does not require positive and certain knowledge, such as seeing the deed; but that is sufficient notice, if it be such as men usually act upon in the ordinary affairs of life.
Halaman 158 - From the time of filing only shall the pendency of the action be constructive notice to a purchaser or incumbrancer of the property affected thereby...
Halaman 181 - The rule to be collected from the cases seems to be this, that where a party stipulates to do a certain thing in a certain specific event which may become known to him, or with which he can make himself acquainted, he is not entitled to any notice, unless he stipulates for it ; but when it is to do a thing which lies within the peculiar knowledge of the opposite party, then notice ought to be given him.
Halaman 146 - And therefore a purchase made of property actually In litigation, pendente lite, for a valuable consideration, and without any express or implied notice in point of fact, affects the purchaser in the same manner as if he had such notice, and he will...
Halaman 247 - The language is general and broad, and might very well comprehend every description of risk incident to the shipment. But we think it would be going further than the intent of the parties, upon any fair and reasonable construction of the agreement, were we to regard it as stipulating for willful misconduct, gross negligence, or want of ordinary care, either in the seaworthiness of the vessel, her proper equipments and furniture, or in her management by the master and hands.
Halaman 250 - I am unable to discover any ground which to me is satisfactory, on which a common carrier of goods can excuse himself from personal delivery to the consignee, except by that which usage has made a substitute. To require him to give notice when the goods are received, so that the consignee may know when to call for them, imposes upon him no unreasonable burden. If, by understanding with the consignee, the goods were to remain in store for a definite period, or until he should give directions concerning...