The power which undoubtedly would exist to perform, say, an autumn voyage in lieu of a spring voyage, if both parties were willing, would be a power to enter into a new agreement, and would no more prevent the loss of the spring voyage and its freight than would the power which would exist if both parties were willing to perform a voyage between different ports with a different cargo.
On failure of this, the contract is at an end and the charterers discharged, though they have no cause of action, as the failure arose from an excepted peril. Where no time is named for the doing of anything, the law attaches a reasonable time. That at the above-mentioned time and place, the Third Party Defendants, [driver of vehicle 2] operated and maintained the aforesaid vehicle in such a negligent and careless manner and were guilty of such active and primary negligence so as to solely, directly and proximately cause it to collide with the vehicle [vehicle 1] driven by the Third Party Plaintiff, ROBERT STANLEY LIACHOFF, and that the vehicle operated by the Third Party Defendant was traveling at an excessive rate of speed without due regard to the health, safety and welfare of the Third Party Plaintiffs.
In the case at bar, there are two matters at issue and two points controverted. Suppose he does not, his freight is lost. BROWN Circuit Judge Notwithstanding the foregoing, the estate of the driver of car 1, which was also the third party plaintiff, had already filed a separate lawsuit against the driver of car 2 claiming the former's wrongful death, in the same identical accident, resulted from the sole negligence of the third party defendant who was the driver of car 2.
When an asserted business purpose for their action is advanced by the majority, however, we think it is open to minority stockholders to demonstrate that the same legitimate objective could have been achieved through an alternative Page course of action less harmful to the minority's interest.
Springside or the corporation. The executrix of his estate has been substituted as a party-defendant.
Collateral estoppel, or estoppel by judgment as it is sometimes referred to, operates to bar a further action on the same issue which has been litigated previously between the same parties or their privies.
The driver of car 2 further argues that whether or not estoppel is a bar, this subsequent suit is prevented in any event by the voluntary dismissal with prejudice of the initial suit, stipulated to by all parties and confirmed by court order.
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Thus, the identity of the thing sued for is not present in the two cases and we must therefore look to the doctrine of collateral estoppel to determine whether the summary judgment was proper.
The question of Wilkes's damages at the hands of the majority has not been thoroughly explored on the record before us. Not arriving at such a time puts an end to the contract; though, as it arises from an excepted peril, it gives no cause of action.
Butt pointed out that the charter was for barley or other lawful merchandise.
This power, however, up until February,had not been exercised formally; all payments made to the four participants in the venture had resulted from the informal but unanimous approval of all the parties concerned. So, of an engagement to write a book, and insanity of the intended author.
The content of this article is intended to provide a general guide to the subject matter. It is an inescapable conclusion from all the evidence that the action of the majority stockholders here was a designed "freeze out" for which no legitimate business purpose has been suggested.
I cannot but think it was a hasty decision: Buyers entering into such a Memorandum of Agreement MoA including on the NSF form must now do so in the knowledge that if the MoA is terminated because of their breach before the deposit is paid, they may still be liable for the amount of that unpaid deposit rather than just damages based on a contract price versus market-price differential.
Furthermore, we may infer that a design to pressure Wilkes into selling his shares to the corporation at a price below their value well may have been at the heart of the majority's plan. The suit was heard by Nuciforo, J. The same result is arrived at by what is the same argument differently put.
The perils of the seas do not cause something which causes something else. The net result of this refusal, we said, was that the minority could be forced to "sell out at less than fair value," Mass. The difficulty is supposed to be that there is some rule of law to the contrary.
Eventually, of course, the plaintiff must establish jurisdiction by a preponderance of the evidence, either at a pretrial evidentiary hearing or at trial. Its applicability depends generally on the employee's faithful pursuit of the corporation's interests rather than his own interests.
Edward Quinn and the estate of Lawrence R. Systems Technology Associates, F. The District Court's Decision The district court granted Miller's motion to dismiss the action for lack of jurisdiction. It is understood that the Buyers are seeking permission to appeal to The Supreme Court. Such action severely restricts his participation in the management of the enterprise, and he is relegated to enjoying those benefits incident to his status as a stockholder.
Furman v Georgia U.S. () In Furman v Georgia, U.S. (), the U.S. Supreme Court found that they constituted Cruel and Unusual Punishment in violation of the Eighth and Fourteenth Amendments to the U.S Constitution.
William Henry Furman was burglarizing a private home when a family member discovered him, whilst attempting to flee, the gun he was carrying went off and.
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The People's Republic of China) Case description: On 22 JanuaryIn a Note Verbale to the PCA on 1 Augustand throughout the arbitration proceedings, China reiterated “its position that it does not accept the arbitration initiated by the Philippines.”. FOOTNOTES.
Barbara Quinn (executrix under the will of T. Edward Quinn), Leon L. Riche, and the First Agricultural National Bank of Berkshire County and Frank Sutherland MacShane (executors under the will of Lawrence R. Connor). How do you take amazing underwater photographs with your iPhone?
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