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 ii
... Court of the United States for the Northern District of New York . Rec Dec 23 , 1861 WEED , PARSONS AND COMPANY , Stereotypers and Printers , 59 State Street , Albany . JUSTICES OF THE NEW YORK SUPERIOR COURT , DURING THE.
... Court of the United States for the Northern District of New York . Rec Dec 23 , 1861 WEED , PARSONS AND COMPANY , Stereotypers and Printers , 59 State Street , Albany . JUSTICES OF THE NEW YORK SUPERIOR COURT , DURING THE.
Page 2
... street , under the firm name of the Atlantic Forge Company . That Butterworth was its capitalist , but transacted individual business at the Merchants ' Exchange , two and a half or three miles distant , and was at No. 268 Eleventh street ...
... street , under the firm name of the Atlantic Forge Company . That Butterworth was its capitalist , but transacted individual business at the Merchants ' Exchange , two and a half or three miles distant , and was at No. 268 Eleventh street ...
Page 4
... street ; " that he had not heard of his retirement until C. H. Tupper & Lee had failed , in December , 1855 , and " sup- posed " when the iron was sold that Butterworth was a partner . The case does not show whether John H. Holdane ...
... street ; " that he had not heard of his retirement until C. H. Tupper & Lee had failed , in December , 1855 , and " sup- posed " when the iron was sold that Butterworth was a partner . The case does not show whether John H. Holdane ...
Page 10
... ( 1 Smith's L. C. , p . 978 , old p . 505. ) As a matter of fact , it was not disputed that But- terworth was in no wise interested in business at No. 268 Eleventh Holdane et al . v . Butterworth . street , 10 CASES IN THE SUPERIOR COURT .
... ( 1 Smith's L. C. , p . 978 , old p . 505. ) As a matter of fact , it was not disputed that But- terworth was in no wise interested in business at No. 268 Eleventh Holdane et al . v . Butterworth . street , 10 CASES IN THE SUPERIOR COURT .
Page 11
... street , after March 1 , 1855. This transaction occurred seven months afterwards , ( in October , 1855. ) He cannot be held as a dormant partner , because he was not interested in its profits , and the partnership never did include him ...
... street , after March 1 , 1855. This transaction occurred seven months afterwards , ( in October , 1855. ) He cannot be held as a dormant partner , because he was not interested in its profits , and the partnership never did include him ...
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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.