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 |
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Page 16
... decision in Holdane v . Butterworth , by the case in 20 N. Y. R. , 240 ; the questions involved are deemed of suffi cient importance to justify the reporting of it . REP . Ogden v . Raymond et al . 3. Nor can 16 CASES IN THE SUPERIOR ...
... decision in Holdane v . Butterworth , by the case in 20 N. Y. R. , 240 ; the questions involved are deemed of suffi cient importance to justify the reporting of it . REP . Ogden v . Raymond et al . 3. Nor can 16 CASES IN THE SUPERIOR ...
Page 19
... decision of the Court excluding them . They then read the original act of April 15 , 1844 , an amendatory act passed April 11 , 1855 , and a resolution of the Company to dissolve , passed February 11 , 1853 , and moved to dismiss the ...
... decision of the Court excluding them . They then read the original act of April 15 , 1844 , an amendatory act passed April 11 , 1855 , and a resolution of the Company to dissolve , passed February 11 , 1853 , and moved to dismiss the ...
Page 22
... deciding this action . " ( To which decision the defendants ' counsel , in due time and form of law , excepted . ) " 4th . That on the 11th day of April , 1855 , an act of the Legislature of this State was passed , which is chapter 295 ...
... deciding this action . " ( To which decision the defendants ' counsel , in due time and form of law , excepted . ) " 4th . That on the 11th day of April , 1855 , an act of the Legislature of this State was passed , which is chapter 295 ...
Page 23
... decision of the said Justice , the defend- ants , in due time and in due form of law , excepted . ) " Judgment having been entered for the plaintiff , the defend- ants appealed from it to the General Term . P. Y. Cutler , for appellants ...
... decision of the said Justice , the defend- ants , in due time and in due form of law , excepted . ) " Judgment having been entered for the plaintiff , the defend- ants appealed from it to the General Term . P. Y. Cutler , for appellants ...
Page 24
... decision rejecting that evidence is therefore untenable . The motion to dismiss the complaint was properly denied . No evidence had then been given that the note was made for the accommodation of the payees . The questions ( at folio 8 ) ...
... decision rejecting that evidence is therefore untenable . The motion to dismiss the complaint was properly denied . No evidence had then been given that the note was made for the accommodation of the payees . The questions ( at folio 8 ) ...
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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.