The Northwestern Reporter, Volume 186West Publishing Company, 1922 |
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Common terms and phrases
affirmed agent agreed agreement alleged amendment amount Appeal from District appellant appellee application assessment attorney bank bill bonds Cass county cause of action claim Code commission contract contributory negligence corporation Coun counsel damages deceased decree deed defendant defendant's delivered dence denied Digests and Indexes directed verdict District Court election entitled error estoppel evidence executed fact Fargo fendant filed fraud held injury interest Iowa issue Judge judgment jury Key-Numbered Digests land lease liability ment Milwaukee Milwaukee County Minn mortgage motion Nebraska City negligence North Dakota notice opinion owner paid parties payment person petition plaintiff Polk county proceedings question reason record rule statute sufficient Supreme Court sustained Syllabus testified testimony thereof tiff tion topic and KEY-NUMBER trial court verdict wife witness writ
Popular passages
Page 73 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 71 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 71 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 272 - Any agreement, declaration, or course of action on the part of an insurance company, which leads a party insured honestly to believe that by conforming thereto, a forfeiture of his policy will not be incurred, followed by due conformity on his part, will and ought to estop the company from insisting upon the forfeiture, though it might be claimed under the express letter of the contract.
Page vii - Where, in effect, it determines the action and prevents a judgment from which an appeal might be taken.
Page 378 - A majority of the members of said board shall constitute a quorum, but a less number may adjourn from day to day.
Page 71 - A holder in due course is a holder who has taken the instrument under the following conditions:— 1. That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4.
Page 125 - ... evidence of it may be lacking, but it is evidence to be weighed, not necessarily to be accepted as sufficient; that they call for explanation or rebuttal, not necessarily that they require it; that they make a case to be decided by the jury, not that they forestall the verdict. Res ipsa loquitur, where it applies, does not convert the defendant's general issue into an affirmative defense. When all the evidence is in, the question for the jury is, whether the preponderance is with the plaintiff.
Page 171 - States of competent jurisdiction ; but such person or persons shall not have the right to pursue both of said remedies, and must in each case elect which one of the two methods of procedure herein provided for he or they will adopt.
Page 185 - SW 929, the defendant, likewise convicted of rape on a female under the age of consent, assigned as error the refusal of the trial court to submit to the jury the issue...