Found 629 results · Showing 151–180
Lat. In the civil law. To transfer property. When this transfer is made in order. to discharge a debt, it is datio solvendi animo; when in order to receive an equivalent, to create an obligation, it is datio contrahendi animo; lastly, when made donan...
186, 5 N. W. 459. (In insurance.) A fact which increases the risk, or which, if disclosed, would have been a fair reason for demanding a higher premium; any fact the knowledge or ignorance of which would naturally influence the insurer in making or r...
139 U. S. 507, 11 Sup. Ct. 628, 35 L. Ed. 288; Smith vy. Hill, Cal. 122, 26 Pac. 644: Merrill v. Dixon, 15 Nev. 406.—Place lands. Lands granted in aid of a railroad company which are within certain limits on each side of the road, and which become ...
(Lat. For proroguing assise.) <A writ to put off an assise, issuing to the justices, where one of the parties is engaged in the service of the king.
(For restoring charters.) A writ to secure the delivery of charters or deeds; a writ of detinue.
for proving liberty. A writ which lay for such as, being démanded for villeins or niefs, offered to prove themselves free. Reg.
for acquitting or releasing pledges. A writ that lay for a surety, against him for whom he had become surety for the payment of a certain sum of money ata certain day, where the latter had not paid the money at the appointed day, and the surety was c...
DUM IN FUTURO. A debt or obligation complete when contracted, but of which the performance cannot be required till some future period.
DEBITUM. Something due, or owing; a debt. a sum of money arising upon a contract, express or implied. In its more general sense, it is defined to be that which is due from one person to another, whether money, goods, or services; that which one pers...
debt which appears to be due by the evidence of a court of record, as by a judgment or recognizance. 2 Bl. Comm. 465.—Legal debts. Those that are recoverable in a court of common law, as debt on a bill of exchange, a bond, or a simple contract. Rog...
257. Mixed actions are those which are brought for the specific recovery of lands, like real actions, but comprise, joined with this claim, one for damages in respect of such property ; such as the action of waste, where, in addition to the recovery ...
parts, between two or more parties, and distinguished by having the edge of the paper or parchment on which it is written indented or cut at the topina particular manner. This was formerly done at the top or side, in a line resembling the teeth of a ...
Lat. A word used in grants and donations, which binds the donor and his heirs to defend the donee, if any one _ go about to lay any incumbrance on the thing given other than what is contained in the deed of donation. Bract. 1. 2, c. 16.
UM. To offer duel or combat as a legal trial and appeal. Abolished by 59 Geo. III. §$ 46. See Barts.
performance of the contract. Such a factor is called a “del credere agent.” He is a mere surety, liable only to his principal in case the purchaser makes default. Story, Ag. 28; Loeb v. Hellinan, 83 N. Y. 603; Lewis v.
committed. It implies that the perpetrator must be capable of the exercise ef such mental powers as are called into use by deliberation and the consideration and weighing of motives and consequences. State v. Boyle, 28 Iowa, 524.
touching. it; and these last are of two sorts, —‘conventional,” or such as are made by the mere agreement of the parties without any judicial act; and “judicial,” or such a8 are made by order of a court in the course of some proceeding. Civ...
Lat. In the civil law. One of the forms of the contract.of bailment, being a naked bailment of goods to be Kept for the use of the bailor without reward.
47, 14, 3, 2. See Cod. 9, 37; Nov. 22, ce 15, § 1; 4 Bl. Comm. 239. 15,.4; Cod. 4, 26.—Actio quod metds causa. An action granted to one who had been compelled by unlawful force, or fear (metas causa) that was not groundless, (metus probabtlie or ...
the intention of the party to disregard the obligations of the contract.
mary process by a landlord to oust the tenant and regain possession of the premises for non-payment of rent or other breach of the conditions of the lease. Of local origin and colloquial use in New York.
Lat. In the civil law. The mutual agreement of the parties to a simple contract obligation that it shall be dissolved or annulled; technically, an undoing of the consensus which created the obligation. Mackeld. Rom. Law, § 541.
DISTRAIN. To take as a pledge property of another, and keep the same until he performs his obligation or until the property is replevied by the sheriff. It was used to secure an appearance in court, payment of rent, performance of services, etc. 3 BI...
Lat. I give that you may give; I give [you] that you may give [me.] A formula in the civil law, constituting a general division under which those contracts (termed “innominate’’) were classed in which something was given by one party as a consi...
Lat. I give that you may do; I give [you] that you may do or make (for me.) A formula in the civil law, under which those contracts were classed in which one party gave or agreed to give money, in consideration the other party did or performed certai...
Lat. A gift. A transfer of the title to property to one who receives it without paying for it. Vicat. The act by which the owner of a thing voluntarily transfers the title and possession of the same from himself to another person, without any conside...
588; Me Sorley v. Faulkner (Com. Pl.) 18 N. Y. Supp. 460 ; allway Co. v. Gaffney, 65 Ohio St. 104 61 N. 153. Quasi contracts are the lawful and purely voluntary acts of a man, from which there results any obligation whatever to a third perecn., and s...
(Contracted from dormiture.) A dormitory of a convent; a piace to sleep in.
39 Ga. 425. These are not properly speaking contracts at all, though they may be “enforced by action like contracts. Specialties, or special contracts, are contracts under seal, such as deeds and bonds. Ludwig v. Bungart, 26 Misc. Rep. 247, 56 N. Y...
DUPLICATE. When two written documents are substantially alike, so that each might be a copy or transcript from the other, while both stand on the same footing as original instruments,- they are called “dupli- ° cates.” Agreements, deeds, and oth...