Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Volume 38Soney & Sage, 1884 - Law reports, digests, etc |
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Results 1-5 of 83
Page 29
... effect asks that it may be rectified so as to be in accord with what he says was the agreement . The burden of proof is on him , and he is to convince the court by proof , that the correction ought to be made . This defence should ...
... effect asks that it may be rectified so as to be in accord with what he says was the agreement . The burden of proof is on him , and he is to convince the court by proof , that the correction ought to be made . This defence should ...
Page 33
... effect , and that the terms and stipulations of the agreement should continue for the full term of three years from the date thereof , unless sooner determined by the failure of the complainant to Joslin v . Stokes . render the services ...
... effect , and that the terms and stipulations of the agreement should continue for the full term of three years from the date thereof , unless sooner determined by the failure of the complainant to Joslin v . Stokes . render the services ...
Page 34
... effect on the stockholders who were party to it , it was not binding on the corporation itself . Specific performance of it , therefore , could not be enforced against the latter . Moreover , the corporation is not a party to this suit ...
... effect on the stockholders who were party to it , it was not binding on the corporation itself . Specific performance of it , therefore , could not be enforced against the latter . Moreover , the corporation is not a party to this suit ...
Page 40
... effect of a judgment at law until the time when the amount of the deficiency was ascertained , which was not until August , 1878. The equity of the petitioner is superior to that of the receiver . He is entitled to payment of the costs ...
... effect of a judgment at law until the time when the amount of the deficiency was ascertained , which was not until August , 1878. The equity of the petitioner is superior to that of the receiver . He is entitled to payment of the costs ...
Page 45
... effect of the direction . It is to charge the real estate in aid of the personal . Under such a provision , the per- sonal estate not specifically bequeathed is to be first applied to the payment of debts . The personal estate is the ...
... effect of the direction . It is to charge the real estate in aid of the personal . Under such a provision , the per- sonal estate not specifically bequeathed is to be first applied to the payment of debts . The personal estate is the ...
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Common terms and phrases
administrator agreement alleged amount appears applied assignment Baldwin Ballantine bank benefit bill bond C. E. Gr chancellor chancery charge claim complainant complainant's contract conveyance conveyed corporation Cortlandt Parker court of chancery court of equity creditors death debt deceased declared decree deed defendant defendant's demurrer devise dividends Dovell duty entitled equity evidence execution executors fact filed foreclosure franklinite funds given ground guardian held Horatio Nelson Houten insolvent intended interest intestate issue James Horner Jersey John judgment land legacies legatee liable lien Long Dock Company Ludlum matter ment mortgage mortgaged premises mortgagor orphans court paid parties payment Peter Ballantine petitioner plainant possession proceedings proof provision purchase question railroad real estate receiver relief respondent rule says sell share sold statute Stew subrogation suit sureties Teel testator's therein thereof tion transaction trust vice-chancellor widow wife
Popular passages
Page 571 - The degrees of kindred shall be computed according to the rule of the civil law ; and kindred of the half blood shall inherit equally with those of the whole blood, in the same degree, unless the inheritance came to the intestate by descent, devise, or gift of some one of his ancestors, in which case all those who are not of the blood of such ancestor shall be excluded from such inheritance.
Page 561 - ... the Comptroller of the Currency may forthwith appoint a receiver, and require of him such bond and security as he deems proper. Such receiver, under the direction of the Comptroller, shall take possession of the books...
Page 254 - But it is a rule which applies universally to all who come within its principle ; which principle is, that no party can be permitted to purchase an interest in property and hold it for his own benefit, where he has a duty to perform in relation to such property which is inconsistent with the character of a purchaser on his own account and for his individual use.
Page 156 - The court had jurisdiction of the parties and of the subject-matter of the suit, and...
Page 218 - IN The Court of Errors and Appeals, OF THE — STATE OF NEW JERSEY.
Page 673 - ... neither being subject to any servitude to the other, — to work his own in the manner most convenient and beneficial to himself, although the natural consequence may be, that some prejudice will accrue to the owner of the adjoining mine, so long as that does not arise from the negligent or malicious conduct of the party.
Page 67 - An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," approved July 17, 1862, and which sections are in the words and figures following: "SEC.
Page 456 - Each mine-owner has all rights of property in his mine, and, among them, the right to get all minerals therefrom, provided he works with skill and in the usual manner. And if, while the occupier of a higher mine exercises that right, nature causes water to flow to a lower mine, he is not responsible for this operation of nature.
Page 51 - Where a gift is to the children of several persons, whether it be to the children of A and B or to the children of A and the children of B, they take per capita and not per stirpes.
Page 523 - The ownership of property is absolute when a single person has the absolute dominion over it, and may use it or dispose of it according to his pleasure, subject only to general laws.