Columbia Law Review, Volume 18Columbia University School of Law, 1918 - Electronic journals |
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Common terms and phrases
17 Columbia Law action agreement American applied attorney authority Bank beneficiary breach buyer cestui Columbia Law Rev Columbia Law Review common law conditional sale consent constitutional contract corporation Cour d'Assises court of equity creditor debt decision declared decree defendant defendant's doctrine easement effect enforced equity evidence exercise existence fact fair return federal footnote ground held income indemnity insurable interest judge jurisdiction jury Justice land legislation liability Mass matter ment Moxhay N. Y. Supp obligation opinion owner parties payment plaintiff premiums principal property right protection purchase purpose question reason refused restrictive covenant result rule seller specific performance stare decisis Stat statute Statute of Frauds stockholders supra Supreme Court surety theory third persons tion trade transaction treaty United valid vendee voting trust wagering York
Popular passages
Page 116 - Goods" include all chattels personal other than things in action and money. The term includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.
Page 193 - Among the most important are immortality, and, if the expression may be allowed, individuality ; properties, by which a perpetual succession of many persons are considered as the same, and may act as a single individual.
Page 203 - That a legislative presumption of one fact from evidence of another may not constitute a denial of due process of law or a denial of the equal protection of the law it is only essential that there shall be some rational connection between the fact proved and the ultimate fact presumed, and that the inference of one fact from proof of another shall not be so unreasonable as to be a purely arbitrary mandate.
Page 199 - Constitution has the effect of overriding the power of the state to establish all regulations reasonably necessary to secure the health, safety, or general welfare of the community; that this power can neither be abdicated nor bargained away, and is inalienable even by express grant ; and that all contract and property rights are held subject to its fair exercise.
Page 217 - It is clear that in ascertaining the present value we are not limited to the consideration of the amount of the actual investment. If that has been reckless or improvident, losses may be sustained which the community does not underwrite. As the company may not be protected in its actual investment, if the value of its property be plainly less, so the making of a just return for the use of the property involves the recognition of its fair value if it be more than its cost.
Page 122 - Act. In any case not provided for in this act the rules of law and equity, including the law merchant, shall govern.
Page 202 - When the classification in such a law is called in question, if any state of facts reasonably can be conceived that would sustain it, the existence of that state of facts at the time the law was enacted must be assumed. 4. One who assails the classification in such a law must carry the burden of showing that it does not rest upon any reasonable basis, but is essentially arbitrary.
Page 439 - that it is an essential principle of the law of nations that no power can liberate itself from the engagements of a treaty, nor modify the stipulations thereof, unless with the consent of the contracting powers, by means of an amicable arrangement.
Page 188 - They cannot commit treason, nor be outlawed, nor excommunicate, for they have no souls, neither can they appear in person, but by attorney 33 H.
Page 191 - This is plainly a contract to which the donors, the trustees, and the crown (to whose rights and obligations New Hampshire succeeds) were the original parties. It is a contract made on a valuable consideration. It is a contract for the security and disposition of property. It is a contract on the faith of which real and personal estate has been conveyed to the corporation. It is then a contract within the letter of the constitution, and within its spirit also...