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a person is urged to do that which his judgment disapproves, and which, it is to be presumed, his will if left to ele) would reject. A man, thereore, is excused for those actions w are done through unavoidable force and compulsion. Wharton.
6. without consideration} does not beget an obligation. Dig. 2, 14, 7, 4; Broom,. Max.: 746. a
1 Barn. & Ald. 98. An exception ezempts, absolutely, from the operation of an engagement or an enactment: a proviso defeats their operation, conditionally. An exception takes out of an engagement or enactment something which would otherwise be part o...
civilians, as that of students on the score of..studys., (4) Entirely voluntary, on account of trade, mer: chandise, and the like. (5) Absence cum :dolo et ‘culpa, as not appearing to a writ, subpana, citation, etec., or to delay or defeat creditor...
a. legal Wrong committed pon the person or property independent of: con-, tract. It may be either (1) a direct invasion of some legal right of the individual;. (2): the infraction of some public duty by which: special damage accrues to the individual...
(Lat. from the bond of matrimony.) A term descrip» tive of a kind of divorce, which effects a complete dissolution of the marriage contract. See DIVORCE. l
The following varieties may also be noted: A condition collateral is one requiring the performance of a collateral] act having no necessary relation to the main subject of the agreement. A compen condition is one which expressly requires a thing to b...
292. —Acknowle ent money. A sum paid in some parts of ngland by copyhold tenants on the death of their lords, as a recognition of their new lords, in like manner as money is usually paid on the attornment of tenants. Cowell. Separate acknowledgment...
71 N. H 110, 51 Atl. 254; Van Allen v. Francis, 153 Cal. 474, 566 Pac. 389. Conditional sales are distinguishable from mortgages. They are to be taken strictly as independent dealings between strangers. A mortgage is a security for a debt, while a co...
654.—Or- Ginary repairs. Such as are necessary to make good the usual wear and tear or natural and unavoidable decay and keep the property in good condition. See Abell v. Brady, 79 Md. 94,
Lat. Contraction for Anno Domini, {in the year of our Lord.)
A stipulation in an arbitration bond that the parties shall “abide by” the award of the arbitrators means vnly that they shall await the award of the arbitrators, without revoking the submission, and not that they shall acquiesce in the award whe...
Frazier, 43 Iowa, 177.—Documentary evidence. Evidence supplied by writings and documents of every kind in the widest sense of the term; evidence derived from conventional symbols (such as letters) by which ideas are represented on material substanc...
54 Geo. III. « 145. Whar tion. Year to year, tenancy from. This estate arises either expressly, as when land is let from year to year; or by a‘ general parol de mise, without any determinate interest, but reserving the payment of an annual rent; o...
In old practice. Without the consideration of the court; without judgment. Fleta, lib. 2, & 47, § 13.
change of a tenant. A feudal right which formerly prevailed in Languedoc and Guyenne, being attached to that species of heritable estates which were granted on the conoar - emphytcusis. Guyot, Inst. Feod. « » § 12. son on whom a bill of exchange ...
Fr. In French law. Acceptance in case of need; an .acceptance by one on whom a Dill is drawn au besoin, that is, in case of refusal or failure of the drawee to accept. Story, Bills, $§ 65, 254, 255.
property be movable or immovable; and the right to that which is united to {t by accession, either naturally or artificially. 2 Kent, 360; 2 Bl. Comm. 404.
both parties on their own accounts, or in the several qualities they assume. An accessory contract is made for assuring the performance of a prior contract, either by the same parties or by others; such as suretyship, mortgage, and pledge. Civil Code...
thing done to oblige, usually spoken of A loan of money or commercial paper; also a friendly agreement or composition of differences, Abbott.
agreement between two, persons, one of whom has a right of action against the other, that the latter should do or give, and the former accept, something in satisfaction of the right of action different from, and usually less than, what might be legal...
strument acknowledging the receipt of money or personal property, coupled with an obligation to account for or pay or deliver the whole or some part of it to some person.
Scotch law. A name descriptive of a class of obligations marked by unusual severity. A debtor who is under an obligation of this kind cannot claim the benefit of the act of grace, the privilege of sanctuary, or the ceasio bonorum. Ersk. Inst. lib. 3,...
247.—First of exch . Where a set of bills of exchange is drawn in duplicate or triplicate, for greater safety in their transmission, all being of the same tenor, and the intention being that the acceptance and payment of any one of them (the first ...
son, have been granted by the proper court. He resembles an executor, but, being appointed by the court, and not by the deceased, he has to give security for the due administration of the estate, by entering into a bond with sureties, called the admi...
having opposing parties; contested, as distinguished from an ex parte application; one of which the party seeking relief has given Jegal warning to the other party, and afforded the latter an opportunity to contest it.
practice, signifying to put on file. 2 Maule & 8. 202. In modern usage it is contracted to Ale. :
Ewvecuted agreements, which have reference to past events, or which are at once closed and where nothing further remains to be done by the parties.
385; Pol. Cont. 235.—Policy of the law. By this phrase is understood the disposition of the law to discountenance certain classes of acts, transactions, or agreements, OF to refuse them its sanction, because it considers them immoral, detrimental t...
Lat. In the civil law. A game of chance or hazard. Dig. 11, 5,1. See Cod. 3, 43. The chance of gain or loss in a contract.