The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 5

The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 5

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 edition. Excerpt: ... this case, and it is not meant to express any opinion upon it. It may well be doubted whether it would be in the power of one legislature by express contract to tie the hands of any succeedmg legislature from the exercise of any necessary power of providing for the public safety. That would be to alienate a trust confided to them for the public good. But in this case they have never undertaken to do so. It is urged indeed that the act before us was 110$ passed for this purpose, but, as its title expresses, " to prvvide for cases where farmers may be harmed by such railroad comPallies," and it is contended that this shows conclusively that it W115 the design of the legislature to impose this new burden upon the railroad company for the benefit of the landholders and not for the security of the traveling public. The title of an act since the first amendment of the constitution of 1864 must now be regarded as =1 pa" of it, l10Wever it may have been before. But that is impO1'tBJ1i miller upon a question of construction than of power. We 63111101? toward the collection of the money. It appears, however, from the testimony of Lukins, that there was an understanding that the due-bill might be renewed in the following spring by a note; and Lukins & Beeson actually gave their note at four months, dated May 13, 1858, for $372.30, payable to the order of A. P. Rhines at the Merchants' and Manufacturers' Bank of Pittsburg. J. S. Piehl, the person who called on Lukins & Beeson and got the new note, acted without authority, and did not surrender the due-bill, for the reason, probably, that it was in the possession of Evans. The new note was indorscd by John A. Myler, as he says, as an accommodation indorser, ...show more

Product details

  • Paperback | 240 pages
  • 189 x 246 x 13mm | 435g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236935268
  • 9781236935267