Found 629 results · Showing 391–420
Lat. He did not break the contract. The name of a plea sometimes pleaded in the action of covenant, and intended as a general issue, but held to be a bad plea; there being, properly speaking, no general issue in that action. 1 Tidd, Pr. 356.
or services imposed by lords upon their inferior tenants. Paroch. Antigq. 495.
Lat. <A naked pact; a bare agreement; a promise or undertaking made without any consideration for it. Justice v. Lang,.42 N. Y. 493, 1 Am.
437. Ir the civil law, this term ic sometimes used as sy.vnymous with “vis divine,” or the act of God. vin. —Vis pertubativa. In old English law. Force used between parties contending for a ssession.— Vis proxima. Immediate force. ee Vis Impr...
pt. 1, o. 1, § 1, art. 2. p. 4, c. 8, § 3, art. 3—Juramentum necessarium. n Roman law. <A compulsory oath. A disclosure under oath, which the pretor compelled one of the parties to a suit to make, when the other, applying for such an appeal, agr...
Lat. In the civil law. A tender of money in payment of a debt made by debtor to creditor. Whatever is offered to the church by the pious. Calvin.
Lat. In Romanlaw. The Jegal relation existing between two tertain persons whereby one (the creditor) is authorized to demand of the other (the debtor) a certain performance which has a money value. In this sense odligatio signifies not only the duty ...
(Ky.) 36; Sturgea v. Crowninshield, 4 Wheat. 197, 4 L. Bd. 529: Wachter v. Famachon,
(Offered himself.) In
Lat. In the civil law. Commerce; business; trade; dealings in the nature of purchase and sale; a contract.
Lat. I have granted. At common law, in a feoffment or estate of inheritance, this word does not imply a warranty; it only creates a covenant in a lease for years. Co. Litt. 884a. See Kinney v.
- CONTRALIGATIO. In old English law. Counter-obligation. JTAterally, counter-binding. Het enim obligatio quasi contraligattio.
formed among persons who are in receipt of ‘perpetdal or life annuities, with the agreement ‘that’ the shares or annuities of those who die’ shall accrue to the survivors. ‘his plan is said to be thus named from Tonti, an Italian, who inven...
1. To bring to or before; to present for acceptance or rejection; to hold out or proffer; to make a proposal to; to exhibit something that may be taken or received or not. Morrison vy. Springer, 15 Iowa, 346; Vincent v. Woodland Oil Co., 165 Pa. 402,...
“chirographum,” and which, being somewhat changed in form and manner by the Normans, was by them styled “charta.” Anciently when they mude a chirograph or deed which required a counterpart, as we call it, they engrossed it twice upon one piec...
1903, § 652; Rev. Codes N. D. 1899, $ 4176.—Marine ocontract. One relating to maritime affairs, shipping, navigation, marine insurance, affreightment, maritime loans, or other business to be done upon the sea or in connection with navigation —Ma...
848.—Ship-damage. In the charter-parties with the English East India Company, these words occur. Their meaning is, damage from negligence, insufficiency, or bad stowage in the ship. Abb. Shipp. 204. —Ship-master. The captain or master of a mercha...
MORTGAGE. This rule signifies that an instrument originally intended as a mortgage, and not a deed, cannot be converted into anything else than a mortgage by any subsequent clause or agreement.
CLAUSE. A precautionary stipulation inserted in a deed making a good tenant to the precipe in a common recovery. See 1 Prest.
uable consideration, 4. c., one which imposes a burden or charge in return for the benefit conferred.
Dutch. Immovable and fast estate, that is, ‘land or real estate. The phrase is used in Dutch wills, deeds, and antenuptial contracts of the early colohial period in New York.
Lat. In the civil law. The benefit or privilege of order; the privilege which a surety for a debtor had of requiring that his principal should be discussed, or thoroughly prosecuted, before the creditor could resart to him. Nov. 4, cc. 1; Heinecc. El...
OYER. In old practice. Hearing; the hearing a deed read, which a party sued on a bond, etc., might pray or demand, and it was then read to him by the other party; the entry on the record being, “et ef legitur in hao verba,” (and it is read to him...
118. The stipulations of parties constitute the law of the contract.
Lat. In the civil law. A bargaining or agreeing of which pactum (the agreement itself) was the result. Calvin. It is used, however, as the synonym of “pactum.”
Lat. Im the civil law. A pact. An agreement or convention without specific nage, and without consideration, which, however, might, in its nature, produce a civil obligation. Heinecc. Elem. lib. 3, tit. 14, § 775.
without any consideration for it, and therefore not enforceable—Pactum constituts pecunis. In the civil law. An agreement by which a person appointed to his creditor a certain day or a certain time at which he promised to pay; or an agreement by wh...
Fr. The country; the neighborhood. A trial per pais signifies a trial by the country; that is, by jury. An assurance by matter in pais is an assurance transacted between two or more private persons “in the country;”’ that is, upon the very spot...
In old pleading. The parties to the fine had nothing; that is, had no estate which could be conveyed by it. A plea to a fine which had been levied by a stranger. 2 B). Comm. 357; 1 P. Wms. 520.
profits and losses between them. 8tory, Partn. § 2; Colly. Partn. § 2; 3 Kent, Comm. 23. branch of business, as distinguished from the general business of the parties, or for one par ticular venture or subject. Bigelow v. El nae 8 Fed. Cas. 351. U...