American Leading Cases, Vol. 1: Select Decisions American Courts, Several Departments of Law; With Special Reference to Mercantile Law; With Notes (Classic Reprint) - Softcover

J. I. Clark Hare

Softcover

ISBN 10: 1330665708 ISBN 13: 9781330665701

Publisher: Forgotten Books, 2018

Synopsis

Excerpt from American Leading Cases, Vol. 1: Select Decisions American Courts, Several Departments of Law; With Special Reference to Mercantile Law; With Notes

Union is, to a great extent, the same; but the instances are not very numerous in which cases in any of the courts can be referred to, as having, for the first time, established particular principles, and, by force of authority, led other tribunals to adopt them. The title used by Mr. Smith has been retained, however, from convenience: and great attention has been given to the choosing of such decisions as, in point of fact, have been, and are, in their several departments, the most guiding and authoritative in American law. The Selections in the present work, are proposed as illustrations of the law; embodying and exemplifying important principles sometimes, fairly entitled to the name of Leading Cases; chosen, in all instances, as decisions whose character is approved, or whose importance is unquestionable.

In some of the points selected for discussion in the present volume, a reference has been had to the subjects of the American notes to Mr. Smith's work, so as to complete certain titles, by treating of matters not touched in those notes, yet allied to the topics there concerned. In the American note to T wyne's Case, in the former publication, the subject of fraud, under the statutes of Elizabeth, as connected with the retaining of possession on sales of chattels, was discussed: in the present volume, the subjects of fraud in voluntary conveyances, and in assignments to trustees for the benefit of creditors, the latter of which is quite peculiar to this country, are treated at large. In the note to Bickerdike v. Bollman, the necessity of demand and notice, in respect to the liability of the endorsers of negotiable instruments, was illustrated; in several notes in this volume, the negotiability and negotiation of notes and bills, and the nature of the demand and notice required, are investigated. In the earlier publication, the formation of partnerships, and the powers of one partner after a dissolution of the association, were treated; in this, the power of one partner to bind the firm, during its continuance, and the rights of joint and separate creditors, and the incidents of real estate held by a partnership, are examined.

About the Publisher

Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com

This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

About this title

Product Description

Excerpt from American Leading Cases, Vol. 1: Select Decisions American Courts, Several Departments of Law; With Special Reference to Mercantile Law; With Notes The approbation which the plan of Mr. Smith's Selection of Leading Cases generally received, has induced the Editors of the American Edition of that work, to employ the same method in treating of other points supposed to possess interest and importance in the jurisprudence of this country. The popularity of Mr. Smith's book was undoubtedly due, in a very great degree, to the clearness, neatness, and simplicity with which the most difficult subjects were explained in the notes of that intelligent and accomplished writer. In these qualities the present Editors make no pretension to be his rivals. The design of his Work, however, is quite as well adapted to the laws and the reports of this country, as to those of England. The essential merits of the plan seem to consist, partly, in the arrangement which it suggests, by which the subjects are distributed according to a connexion, natural and positive, rather than speculative and theoretical; and partly, in introducing the discussion of a topic of law, with a practical exemplification of the principal doctrine, in which it is seen at large and in its applied form. The plan of Mr. Smith's work has therefore been followed; and the title of Leading Cases has been adopted, although it cannot with quite the same propriety be applied to any considerable selection of American decisions. The common law of the different States of the Union is, to a great extent, the same: but the instances are not very numerous in which cases in any of the courts can be referred to, as having, for the first time, established particular principles, and, by force of authority, led other tribunals to adopt them. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historic

Edition details

• Publisher: Forgotten Books
• Publication date: 2018
• Language: English
• ISBN 10: 1330665708
• ISBN 13: 9781330665701
• Binding: Paperback
• Number of pages: 780