Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volume 56Gould, Banks & Gould, 1870 - Law reports, digests, etc |
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Page 13
... apply so much of a distributive share of the estate , coming to the maker of the note , as will pay and discharge such note . And a surety of the maker , when sued upon the note , by the administrator of the payee , has a right - the ...
... apply so much of a distributive share of the estate , coming to the maker of the note , as will pay and discharge such note . And a surety of the maker , when sued upon the note , by the administrator of the payee , has a right - the ...
Page 17
... apply so much of the distributive share of that estate coming to the defendant Warren S. Walker , as would pay and dis- charge the note in question . ( Smith v . Kearney , 2 Barb . Ch . 533 , 547 , 548 , 549. Jeffs v . Wood , 2 Peere ...
... apply so much of the distributive share of that estate coming to the defendant Warren S. Walker , as would pay and dis- charge the note in question . ( Smith v . Kearney , 2 Barb . Ch . 533 , 547 , 548 , 549. Jeffs v . Wood , 2 Peere ...
Page 18
... apply it to the debt if he chooses . In the last case cited , the court held that the creditor might resort to the whole fund to discharge the debt , although the surety who took the security intended at the time to take it as well to ...
... apply it to the debt if he chooses . In the last case cited , the court held that the creditor might resort to the whole fund to discharge the debt , although the surety who took the security intended at the time to take it as well to ...
Page 19
... applies , and should govern , in directing payments after the sale of the prop- erty of both . The property , or money , of the principal is the primary fund , and should be first exhausted . This would leave the money arising from the ...
... applies , and should govern , in directing payments after the sale of the prop- erty of both . The property , or money , of the principal is the primary fund , and should be first exhausted . This would leave the money arising from the ...
Page 20
... application of the fund alleged by the answer to be in the hands of the plaintiff ' ; and in case the plaintiff shall so amend his summons and com- plaint , and a new issue be joined between the parties , then all questions as to costs ...
... application of the fund alleged by the answer to be in the hands of the plaintiff ' ; and in case the plaintiff shall so amend his summons and com- plaint , and a new issue be joined between the parties , then all questions as to costs ...
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action affirmed aforesaid agent agreement alleged amount appear apply assessment assignment Aukin authority Barb bill bill of lading cause charge claim commissioners common law complaint consignee contract counsel county court court of equity coverture damages debt deceased deed defendant defendant's delivered dower Dunshee Dupasseur duty entitled equity evidence executed executor fact favor fendant Fraser George Harrison guardian heirs held Howlett husband injury intended interest intestacy Jefferson County John judge judgment jury justice Lahens land laudanum liable Maseras ment Morgan mortgage Mullady Mullin N. Y. Rep negligence ONONDAGA GENERAL TERM owner paid party payment person plaintiff premises principle purchase question Railroad Company receipt received recover referee refused rule Smith sold statute sustained Syracuse taken taxes testator testimony thereof tion trial trust usurious Utica verdict void wife witness York York Central Railroad