Reports of Cases Argued and Determined in the Superior Court of the City of New York [1856-1863], Volume 18W.C. Little, 1861 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 7
... claim . ( Davis v . Allen , 3 Comst . , 168 ; Vansteenburgh v . Hoffman , 15 Barb . , 28. ) IX . The plaintiffs ' several exceptions to the charge made by the court , and its omissions to charge as requested , were well taken . E. S. ...
... claim . ( Davis v . Allen , 3 Comst . , 168 ; Vansteenburgh v . Hoffman , 15 Barb . , 28. ) IX . The plaintiffs ' several exceptions to the charge made by the court , and its omissions to charge as requested , were well taken . E. S. ...
Page 10
... claims to have given credit in this particular transaction . He cannot sustain such a claim , because he gave the credit either to C. H. Tupper , or C. H. Tupper & Lee , and for the reason that he had notice of a change in the name of ...
... claims to have given credit in this particular transaction . He cannot sustain such a claim , because he gave the credit either to C. H. Tupper , or C. H. Tupper & Lee , and for the reason that he had notice of a change in the name of ...
Page 31
... claim , after such receipt and application , the defendants became and are discharged from all liability to account for or pay over the moneys to the plaintiff . It was shown on the trial that the defendants received the four notes ...
... claim , after such receipt and application , the defendants became and are discharged from all liability to account for or pay over the moneys to the plaintiff . It was shown on the trial that the defendants received the four notes ...
Page 34
... claims of the plaintiff sued for in this action . The referee so finds in reference to all of the demands , except that ... claim the return of any other col- laterals . 5. The plaintiff knew when the notes matured , and was aware of the ...
... claims of the plaintiff sued for in this action . The referee so finds in reference to all of the demands , except that ... claim the return of any other col- laterals . 5. The plaintiff knew when the notes matured , and was aware of the ...
Page 36
... claim , ( which , however , does not appear necessary in this case , ) he should have sought those particulars by motion for an order to make the complaint more definite and certain , under section 160 of the Code . 2. We do not think ...
... claim , ( which , however , does not appear necessary in this case , ) he should have sought those particulars by motion for an order to make the complaint more definite and certain , under section 160 of the Code . 2. We do not think ...
Contents
45 | |
58 | |
121 | |
127 | |
133 | |
149 | |
238 | |
247 | |
266 | |
320 | |
334 | |
356 | |
376 | |
419 | |
482 | |
514 | |
691 | |
701 | |
704 | |
723 | |
734 | |
737 | |
753 | |
760 | |
Other editions - View all
Common terms and phrases
accepted accommodation bills agent agreement alleged amount answer appeal April assignment Atlas Insurance attachment authority Bank Barb bill of lading Board Bosw.-VOL Callao cause of action charge claim Code complaint contract corporation counsel Court creditors Cronk damages debt debtor deed defendant's defendants delivered demand Denio Duer entitled evidence excepted execution fact fraud fraudulent freight given ground indorsed injury Insurance Company interest issued James Travers Joshua Barnes Judge judgment jury liable lien loss ment mortgage Mutual Insurance note in suit notice November old firm owner paid Panama parties passage money payment Perry person plaintiff possession premiums promissory notes proof proved purchase question received recover Referee refused resolution Roberts San Francisco Sheriff ship statute street subscribed subscription thereof tiff tion transfer trial Trustees verdict vessel void voyage Wend Willet York York Mutual
Popular passages
Page 235 - 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 is 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.
Page 235 - In an action brought to recover a balance due upon a mutual, open and current, account where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Page 707 - Where no provision is made by statute as to security upon an injunction, the court or judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that the plaintiff...
Page 530 - The writ must be directed to the Sheriff of any county in which property of such defendant may be, and must require him to attach and safely keep all the property of such defendant within his county, not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand...
Page 707 - Before making the order, the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect, that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least one hundred dollars.
Page 530 - The rights or shares which such defendant may have in the stock of any association or corporation, together with the interest and profits thereon, and all other property in this State of such defendant, shall be liable to be attached and levied upon, and sold to satisfy the judgment and execution.
Page 706 - An action is commenced as to each defendant when the summons is served on him, or on a co-defendant, who is a joint contractor, or otherwise united in interest with him.
Page 147 - Rochester mutual, (1844,) have an additional provision that (section 12) the company, for the better security of its dealers, may receive notes for premiums in advance, of persons intending to receive its policies, and may negotiate such notes for the purpose of paying claims, or otherwise, in the course of its business...
Page 250 - Property held in trust or on commission must be insured as such, otherwise the Policy will not cover such property...
Page 275 - Upon this ground, therefore, as well as that before considered, the judgment of the Supreme Court must be reversed; and there must be a new trial, with costs to abide the event.