Reports of Cases Argued and Determined in the Appellate Court of the State of Indiana, Volume 9

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Bowen-Merrill Company, 1895
"With tables of the cases reported and cases cited and an index." (varies)
 

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Page 305 - ... shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto, and as to such provisions and conditions no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto...
Page 722 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be indorsed hereon or added hereto^ and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...
Page 358 - The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing Act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability.
Page 114 - ... education, men of learning and men whose learning consists only in what they have themselves seen and heard, the merchant, the mechanic, the farmer, the laborer; these sit together, consult, apply their separate experience of the affairs of life to the facts proven, and draw a unanimous conclusion. This average judgment thus given it is the great effort of the law to obtain. It is assumed that twelve men know more of the common affairs of life than does one man ; that they can draw wiser and...
Page 591 - Every contracting party has an absolute right to rely on the express statement of an existing fact, 'the truth of which is known to the opposite party, and unknown to him, as the basis of a mutual engagement; and he is under no obligation to investigate and verify statements, to the truth of which, the other party to the contract, with full means of knowledge, has deliberately pledged his faith.
Page 494 - ... when any action is brought by the assignee of a claim arising out of a contract, and not assigned by indorsement In writing, the assignor shall be made a defendant, to answer as to the assignment or his interest in the subject of the action.
Page 561 - But a complaint which states a sufficient cause of action, either at law or in equity, is not demurrable as not stating facts sufficient to constitute a cause of action. In this case the defendant does not question the sufficiency of the facts alleged to constitute a cause of action in a proceeding at law, but insists that this complaint is a bill in equity, and that a court of equity has no jurisdiction of the case. In that event, the court will treat it as an action at law, and administer the proper...
Page 617 - ... error in overruling appellant's motion for judgment in its favor on the special verdict of the jury.
Page 128 - On a motion for a judgment non obstante every reasonable presumption will be indulged in favor of the general verdict...
Page 89 - No special answer was filed. The cause was tried by a Jury, and a verdict returned for the appellee, and Judgment thereon followed.

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