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action affirmed agent alleged amount answer appellant appellant's appellee applied assignment assignment of error authority Bank cause charge circumstances claim Company complains conclusion condition consideration considered contention contract County damages death deed defendant defendant's District Court duty effect engine entitled error evidence executed exercise fact failed failure favor filed follows further give given ground guilty held hold injury instructed interest issue judgment jury land liable limitation matter Missouri motion negligence objection operating opinion ordinary overruled paid party passed person petition plaintiff pleading presented question railroad railway reason received record recover referred refused rendered result reversed rule S. W. Rep statute street submitted sufficient suit sustained testified testimony Texas Civ tion track train trial verdict wife witness
Seite 309 - To exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt; by receiving deposits; by buying and selling exchange, coin, and bullion; by loaning money on personal security; and by obtaining, issuing, and circulating notes according to the provisions of this title.
Seite 79 - That any employee of any such common carrier who may be injured by any locomotive, car, or train In use contrary to the provision of this act shall not be deemed thereby to have assumed the risk thereby occasioned, although continuing In the employment of such carrier after the unlawful use of such locomotive, car. or train had been brought to his knowledge.
Seite 309 - It is not embraced in the power to 'discount and negotiate' promissory notes, drafts, bills of exchange and other evidences of debt.
Seite 387 - If, as the jury found by their verdict, appellant knew, or could have known by the exercise of ordinary care, that the machine in his possession and under his control...
Seite 310 - A contract of a corporation, which is ultra vires, in the proper sense, that is to say, outside the object of its creation as defined in the law of its organization, and therefore beyond the powers conferred upon it by the legislature, is not voidable only, but wholly void, and of no legal effect. The objection to the contract is not merely that the corporation ought not to have made it, but that it could not make it.
Seite 472 - The decisions in Ohio, so far as we know, are the solitary exceptions. The doctrine, however it may at times appear to be at variance with natural justice, rests upon the soundest legal reason. The state holds its highways in trust for the public. Improvements made by its direction or by its authority are its acts, and the ultimate responsibility, of course, should rest upon it.
Seite 429 - The plaintiff thereupon rested his case, and the defendant moved the court to instruct the jury to return a verdict in its favor upon the aforesaid, evidence, which the court declined to do ; and the defendant thereupon excepted.
Seite 325 - Is a personal injury suit, tried before the court and a jury, resulting in a verdict and judgment for the plaintiff, and the defendant has appealed.