Legal Term Dictionary

In Scotch law. To acquit the defendant in an action; to find a criminal not guilty.

In Scotch law. To acquit the defendant in an action; to find a criminal not guilty. Less...

To undertake; engage; promise. 1 Ld. Raym. 122; 4 Coke, 92. To take upon one's self. Springer v. De Wolf, 194 I1L 218, 62 N. E. 542, 56 L. R. A. 465, 88 Am. St Rep. 155.

To undertake; engage; promise. 1 Ld. Raym. 122; 4 Coke, 92. To take upon one's self. Springer v. De Wolf, 194 I1L 218, 62 N. E. 542, 56 L. R. A. 465, 88 Am. St Rep. 155. Less...

Lat. He undertook; he promised. A promise or engagement by which one person assumes or undertakes to do some act or pay something to another. It may be either oral or in writing, but is not under seal. It is express if the promisor puts his engagement in distinct and More...

Lat. He undertook; he promised. A promise or engagement by which one person assumes or undertakes to do some act or pay something to another. It may be either oral or in writing, but is not under seal. It is express if the promisor puts his engagement in distinct and definite language; it is implied where the law infers a promise (though no formal one has passed) from the conduct of the party or the circumstances of the case. In practice. A form of action which lies for the recovery of damages for the non-performance of a parol or simple contract; or a contract that is neither of record nor under seal. 7 Term, 351; Ballard v. Walker, 3 Johns. Cas. (N. Y.) 60. The ordinary division of this action is into (1) common or indebitatus assumpsit, brought for the most part on an implied promise; and (2) special assumpsit, founded on an express promise. Steph. PI. 11, 13. The action of assumpsit differs from trespass and trover, which are founded on a tort not upon a contract; from covenant and debt, which are appropriate where the ground of recovery is a sealed instrument, or special obligation to pay a fixed sum; and from replevin, which seeks the recovery of specific property, if attainable, rather than of damages. —Implied assumpsit. An undertaking or promise not formally made, but presumed or implied from the conduct of a party. Willenborg v. Illinois Cent. R. Co., 11 111. App. 302.— Special assumpsit. An action of assumpsit is so called where the declaration sets out' the precise language or effect of a special contract which forms the ground of action; as distinguished from a general assumpsit, in which the technical claim is for a debt alleged to grow out of the contract, not the agreement itself. Less...

The act or agreement of assuming or taking upon one's self; the undertaking or adoption of a debt or obligation primarily resting upon another, as where the purchaser of real estate "assumes" a mortgage resting upon it in which case he adopts the mortgage debt as his own and becomes More...

The act or agreement of assuming or taking upon one's self; the undertaking or adoption of a debt or obligation primarily resting upon another, as where the purchaser of real estate "assumes" a mortgage resting upon it in which case he adopts the mortgage debt as his own and becomes personally liable for its payment Eggleeton y. Morrison, 84 111. App. 031; Locke v. Homer, 131 Mass. 93, 41 Am. Rep. 199; Springer v. De Wolf, 194 111. 218, 62 N. E. 542, 56 L. R. A. 465, 88 Am. St. Rep. 155; Lenz v. Railroad Co., Ill Wis. 198, 86 N. W. 607. The difference between the purchaser of land assuming a mortgage on it and simply buying subject to the mortgage, is that in the former case he makes himself personally liable for the payment of the mortgage debt, while in the lat ter case he does not Hancock v. Fleming, 103 Ind. 533. 3 N. E. 254; Braman v. Dowse, 12 Cush. (Mass.) 227. Where one "assumes" a lease, he takes to himself the obligations, contracts, agreements, and benefits to which the other contracting party was entitled' under the terms of the lease. Cincinnati, etc., R. Co. v. Indiana, etc., R. Co., 44 Ohio St. 287, 314, 7 N. E. 152. —Assumption of risk. A term or condition in a contract of employment, either express or implied from the circumstances of the employment, by which the employe" agrees that dangers of injury ordinarily or obviously incident to the discharge of his duty in the particular employment shall be at his own risk. Narramore v. Railway Co., 96 Fed. 301, 37 C. C. A. 499, 48 L. R. A. 68; Faulkner v. Mining Co.. 23 Utah, 437, 66 Pac. 799: Railroad Co. v. Touhey, 67 Ark. 209, 54 S. W. 577, 77 Am. St. Rep. 109; Bodie v. Railway Co., 61 S. C. 468, 39 S. E. 715; Martin v. Railroad Co., 118 Iowa, 148, 91 N. W. 1034, 59 L. R. A. 698, 96 Am. St. Rep. 371. Less...

In conveyancing. A deed or instrument of conveyance. The legal evidences of the transfer of property are in England called the "common assurances" of the kingdom, whereby every man's estate is assured to him, and all controversies, doubts, and difficulties are either prevented or removed. 2 Bl. Comm. 294. State More...

In conveyancing. A deed or instrument of conveyance. The legal evidences of the transfer of property are in England called the "common assurances" of the kingdom, whereby every man's estate is assured to him, and all controversies, doubts, and difficulties are either prevented or removed. 2 Bl. Comm. 294. State v. Farrand, 8 N. J. Law, 335. In contracts. A making secure; insurance. The term was formerly of very frequent use in the modern sense of insurance, particularly in English maritime law, and still appears in the policies of some companies, but is otherwise seldom seen of late years. There seems to be a tendency, however, to use assurance for the contracts of life insurance companies, and insurance for risks upon property. Assurance, further, oovenant for. See COVENANT. Less...

A person who has been insured by some insurance company, or underwriter, against losses or perils mentioned in the policy of Insurance. Brockway v. Insurance Co. (C. C.) 29 Fed. 766; Sanford v. Insurance Co., 12 Cush. (Mass.) 548. The person for whose benefit the policy is issued and to More...

A person who has been insured by some insurance company, or underwriter, against losses or perils mentioned in the policy of Insurance. Brockway v. Insurance Co. (C. C.) 29 Fed. 766; Sanford v. Insurance Co., 12 Cush. (Mass.) 548. The person for whose benefit the policy is issued and to whom the loss is payable, not necessarily the person on whose life or property the policy is written. Thus where a wife insures her husband's life for her own benefit and he has no interest in the policy, she is the "assured" and he the "insured." Hogle v. Insurance Co., 6 Rob. (N. Y.) 570; Ferdon v. Canfield, 104 N. Y. 143, 10 N. E. 140; Insurance Co. v. Lucks, 108 U. S. 498, 2 Sup. Ct. 949, 27 L. Ed. 800. Less...

An insurer against certain perils and dangers; an underwriter; an indemnifier.

An insurer against certain perils and dangers; an underwriter; an indemnifier. Less...

In Scotch law. Damages awarded to the relative of a murdered person from the guilty party, who has not been convicted and punished. Paters. Comp.

In Scotch law. Damages awarded to the relative of a murdered person from the guilty party, who has not been convicted and punished. Paters. Comp. Less...

A mutual agreement, assent, and consent between parties; also a witness or record.

A mutual agreement, assent, and consent between parties; also a witness or record. Less...

An heir apparent who has been placed, by conveyance, in possession of his ancestor's estate during such ancestor's life-time. Co. Litt 8.

An heir apparent who has been placed, by conveyance, in possession of his ancestor's estate during such ancestor's life-time. Co. Litt 8. Less...