Legal Term Dictionary

An unforeseen event, occurring without the will or design of the person whose mere act causes it; an unexpected, unusual, or undesigned occurrence; the effect of an unknown cause, or, the cause being known, an unprecedented consequence of it; a casualty. Burkhard v. Travelers' Ins. Co., 102 Pa. 262, 48 More...

An unforeseen event, occurring without the will or design of the person whose mere act causes it; an unexpected, unusual, or undesigned occurrence; the effect of an unknown cause, or, the cause being known, an unprecedented consequence of it; a casualty. Burkhard v. Travelers' Ins. Co., 102 Pa. 262, 48 Am. Rep. 205; JEtna L. Ins. Co. v. Vandecar, 86 Fed. 282, 30 C. C. A. 48; Carnes v. Iowa Traveling Men's Ass*n, 106 Iowa, 281, 76 N. W. 683, 68 Am. St Rep. 306; Atlanta Acc. Ass'n v. Alexander, 104 Ga. 700, 30 S. E. 039. 42 K R. A. 188; Crutchfteld v. Richmond ft D. R. Co., 76 N. C. 320; Dozier v. Fidelity ft Casualty Co. (C. C.) 46 Fed. 446, 13 L. R. A. 114; Fidelity ft Casualty Co. v. Johnson, 72 Miss. 333, 17 South. 2, 30 L. R. A. 206. In its proper use the term excludes negligence; that is, an accident is an event which occurs without the fault, carelessness, or want of proper circumspection of the person affected, or which could not have been avoided by the use of that kind and degree of care necessary to the exigency and in the circumstances in which he was placed. Brown v. Kendall, 6 Cush. (Mass.) 292; United States v. Boyd (C. C.) 45 Fed. 851; Arm Ho v. Abeytia, 5 N. M. 533, 25 Pac 777: St Louis, etc., R. Co. v. Barnett, 65 Ark. 255, 45 S. W. 550; Aurora Branch R. Co. v. Grimes, 13 III. 585. But see Schneider T. Provident I* Ins. Co., 24 Wis. 28, 1 Am. Rep. 157. In equity practice. Such an unforeseen event, misfortune, loss, act, or omission as is not the result of any negligence or misconduct in the party. Fran. Max. 87; Story, Eq. Jur. | 78. The meaning to be attached to the word "accident," in relation to equitable relief, is any unforeseen and undesigned event productive of disadvantage. Wharton. An accident relievable in equity is such an occurrence, not the result of negligence or misconduct of the party seeking relief in relation to a contract, as was not anticipated by the parties when the same was entered into, and which gives an undue advantage to one of them over another in a court of law. Code 6a. 1882. § 3112. And see Bostwick v. Stiles, 35 Conn. 195; Kopper v. Dyer. 59 Vt 477. 9 Atl. 4, 59 Am. Rep. 742; Magann v. Segal, 92 Fed. 252, 34 C. C. A. 323 ; Buckt, etc., Lumber Co. v. Atlantic Lumber Co., 316 Fed. 1, 53 C. C. A. 513; Zimmerer v. Fremont Nat Bank, 59 Neb. 661, 81 N. W. 849; Pickering v. Cassldy, 93 Me. 139, 44 Atl. 683. In maritime law and marine insurance. "Accidents of navigation" or "accidents of the sea" are such as are peculiar to the sea or to usual navigation or the action of the elements, which do not happen by the intervention of man, and are not to be avoided by the exercise of proper prudence, foresight and skill. The Miletus, 17 Fed. Cas. 288; The G. It Booth, 171 U. S. 450, 19 Sup. Ct 9, 43 L. Ed. 234; The Carlotta, 5 Fed. Cas. 76; Bazin v. Steamship Co., 2 Fed. Cas. 1,097. See also PERILS OF THE SEA. Less...

Lat. To fall; fall in; come to hand; happen. Judgment is sometimes given against an executor or administrator to be satisfied out of assets quando accIderint; i. e., when they shall come to hand.

Lat. To fall; fall in; come to hand; happen. Judgment is sometimes given against an executor or administrator to be satisfied out of assets quando accIderint; i. e., when they shall come to hand. Less...

In Spanish law. A right of action; also the method of judicial procedure for the recovery of property or a debt. Escriche, Die. Leg. 49. Acciperc qnid nt jnstitiam facias, non •st tarn acciperc qnam extorqnere. To accept anything as a reward for doing justice is rather extorting than accepting. More...

In Spanish law. A right of action; also the method of judicial procedure for the recovery of property or a debt. Escriche, Die. Leg. 49. Acciperc qnid nt jnstitiam facias, non •st tarn acciperc qnam extorqnere. To accept anything as a reward for doing justice is rather extorting than accepting. Lofft 72. Less...

To pay relief to lords of manors. Capitali domino accipitare, i. e., to pay a relief, homage, or obedience to the chief lord on becoming his vassal. Fleta, lib. 2, c. 50.

To pay relief to lords of manors. Capitali domino accipitare, i. e., to pay a relief, homage, or obedience to the chief lord on becoming his vassal. Fleta, lib. 2, c. 50. Less...

In the civil law. One who inhabits or occupies land near a place, as one who dwells by a river, or on the bank of a river. Dig. 43, 13, 3, 6. In feudal law. A husbandman; an agricultural tenant; a tenant of a manor. Spelman. A name given to More...

In the civil law. One who inhabits or occupies land near a place, as one who dwells by a river, or on the bank of a river. Dig. 43, 13, 3, 6. In feudal law. A husbandman; an agricultural tenant; a tenant of a manor. Spelman. A name given to a class of villeins in Italy. Barr. St 302. Less...

In maritime law. A contract between the owner of goods and the master of a ship, by which the former intrusts the property to the latter to be sold by him on their joint account. In such case, two contracts take place: First, the contract called mandatum, by which the More...

In maritime law. A contract between the owner of goods and the master of a ship, by which the former intrusts the property to the latter to be sold by him on their joint account. In such case, two contracts take place: First, the contract called mandatum, by which the owner of the property gives the master power to dispose of it; and the contract of partnership, in virtue of which the profits are to be divided between them. One party runs the risk of losing his capital; the other, his labor. If the sale produces no more than first cost, the owner takes all the proceeds. It is only the profits which are to be divided. Emerig. Mar. Loans. § 5. Less...

An arrangement or engagement made as a favor to another, not upon a consideration received; something done to oblige, usually spoken of a loan of money or commercial paper; also a friendly agreement or composition of differences. Abbott.

An arrangement or engagement made as a favor to another, not upon a consideration received; something done to oblige, usually spoken of a loan of money or commercial paper; also a friendly agreement or composition of differences. Abbott. Less...

See INDORSEMENT.

See INDORSEMENT. Less...

Land bought by a builder or speculator, who erects houses thereon, and then leases portions thereof upon an improved ground-rent.

Land bought by a builder or speculator, who erects houses thereon, and then leases portions thereof upon an improved ground-rent. Less...

An accommodation bill or note is one to which the accommodating party, be he acceptor, drawer, or indorser, has put his name, without consideration, for the purpose of benefiting or accommodating some other party who desires to raise money on it, and is to provide for the bill when due. More...

An accommodation bill or note is one to which the accommodating party, be he acceptor, drawer, or indorser, has put his name, without consideration, for the purpose of benefiting or accommodating some other party who desires to raise money on it, and is to provide for the bill when due. Miller v. Lamed, 103 111. 562; Jefferson County v. Burlington & M. R Co., W Iowa, 385, 16 N. W. 561, 23 N. W. 809; Gillmann v. Henry, 53 Wis. 465, 10 N. W. 692; Peale v. Addicks, 174 Pa,543, 34 Atl. 201. Less...