Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volume 67 |
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Page 65
The condition of the bond , in that case , was to pay , or cause to be paid , all such
costs as the court should think fit to award to the defendants on the hearing of the
cause , and it was held that the death of one of the defendants before costs ...
The condition of the bond , in that case , was to pay , or cause to be paid , all such
costs as the court should think fit to award to the defendants on the hearing of the
cause , and it was held that the death of one of the defendants before costs ...
Page 83
... to secure whose debts the mortgage was given , acquired a right to have the
road , as built , sold to pay their bonds ; and that purchasers at the foreclosure
sale bought , and held , all that the bondholders had a right to have sold .
Although ...
... to secure whose debts the mortgage was given , acquired a right to have the
road , as built , sold to pay their bonds ; and that purchasers at the foreclosure
sale bought , and held , all that the bondholders had a right to have sold .
Although ...
Page 85
I hold , therefore , that the bondholders under this first mortgage acquired a full
right to have the road , as built , sold to pay their bonds , and the plaintiff ( the
purchaser ) purchased , and now holds all that the bondholders had a right to
have ...
I hold , therefore , that the bondholders under this first mortgage acquired a full
right to have the road , as built , sold to pay their bonds , and the plaintiff ( the
purchaser ) purchased , and now holds all that the bondholders had a right to
have ...
Page 188
For the purpose of removing such lien from his property , B. executed a bond and
mortgage to S. , to secure the payment of $ 8,000 and interest ; whereupon the
plaintiffs discharged the lien , and the bond and mortgage were assigned to them
...
For the purpose of removing such lien from his property , B. executed a bond and
mortgage to S. , to secure the payment of $ 8,000 and interest ; whereupon the
plaintiffs discharged the lien , and the bond and mortgage were assigned to them
...
Page 189
The former , for some reason , desired to remove the lien from his property ,
which had been placed upon it by the plaintiffs and Wilson , and for that purpose
agreed to give the mortgage and the bond secured by it to the contractor , with
the ...
The former , for some reason , desired to remove the lien from his property ,
which had been placed upon it by the plaintiffs and Wilson , and for that purpose
agreed to give the mortgage and the bond secured by it to the contractor , with
the ...
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Common terms and phrases
accepted action Affirmed agent agreed agreement alleged allowed amount answer appears application authority Bank Barb bond bound brought cause charge claimed complaint consideration considered contract costs counsel court damages debt defendant defendant's delivered denied directed duty effect entitled error evidence exceptions executed existing fact favor finding firm further give given ground held hold injury interest issue John judge judgment jury Justices lands liability loss matter ment mortgage motion necessary notice objection offered opinion owner paid parties payment performance person plaintiff possession premises presented proceedings proof proper prove purchase question railroad reason received recover referee relation respect Reversed rule Smith Special statute street sufficient suit taken Term testified testimony tion trial trust verdict wife witness York
Popular passages
Page 55 - Ed.) § 452, that the principal is to be 'held liable to third persons in a civil suit for the frauds, deceits, concealments, misrepresentations, torts, negligences and other malfeasances or misfeasances and omissions of duty of his agent In the course of his employment, although the principal did not authorize, or Justify or participate In, or indeed know of such misconduct, or even if he forbade the acts or disapproved of them.
Page 546 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 69 - Where any building, which is leased or occupied, is destroyed or so injured by the elements, or any other cause as to be untenantable, and unfit for occupancy, and no express agreement to the contrary has been made in writing, the lessee or occupant may, if the destruction or injury occurred without his fault or neglect, quit and surrender possession of the leasehold premises...
Page 262 - ... shall be jointly and severally liable for all the debts of the company, then existing, and for all that shall be contracted before such report shall be made.
Page 368 - ... that nothing in this provision shall be taken to alter, take away or lessen the effect of a part payment of principal or interest ; and it may be contended that the effect of these two sections is to exclude all parol evidence whatever bearing upon an acknowledgment or new promise...
Page 481 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 262 - If the directors of any such company shall declare and pay any dividend, when the company is insolvent, or any dividend the payment of which would render it insolvent, they shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be thereafter contracted so long as they shall respectively continue in office...
Page 547 - When the action is between herself and her husband, she may sue or be sued alone; 3.
Page 546 - One reason for which may be this: that the inferior hath no kind of property in the company, care, or assistance of the superior, as the superior is held to have in those of the inferior; and therefore the inferior can suffer no loss or injury...
Page 368 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some •writing signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.