Reports of Cases Argued and Determined in the Superior Court of the City of New York, Volume 8W.C. Little & Company, 1855 - Law reports, digests, etc |
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Results 1-5 of 100
Page 20
... parties that the delivery and acceptance of the deed covenanted to be given , would be a fulfilment and discharge of the agreement . Upon these grounds a verdict taken for the plaintiff , subject to the opinion of the court , set aside ...
... parties that the delivery and acceptance of the deed covenanted to be given , would be a fulfilment and discharge of the agreement . Upon these grounds a verdict taken for the plaintiff , subject to the opinion of the court , set aside ...
Page 24
... parties may no doubt enter into covenants collateral to the deed , or cases may be supposed when the deed would be deemed only a part execution of the contract , if the provisions in the two instruments clearly mani- fested such to have ...
... parties may no doubt enter into covenants collateral to the deed , or cases may be supposed when the deed would be deemed only a part execution of the contract , if the provisions in the two instruments clearly mani- fested such to have ...
Page 29
... parties to it , was the fair construction of what the de- fendants said . And by the circumstances of the transaction , and of the parties , he meant all that had taken place by or between the parties , as proved in the case in relation ...
... parties to it , was the fair construction of what the de- fendants said . And by the circumstances of the transaction , and of the parties , he meant all that had taken place by or between the parties , as proved in the case in relation ...
Page 51
... parties for the same cause of action . The plaintiff had an opportunity to litigate his difficulty with the ... parties . 1. The dismissal of the com- plaint in that suit was by an order upon motion , which did not operate as a verdict ...
... parties for the same cause of action . The plaintiff had an opportunity to litigate his difficulty with the ... parties . 1. The dismissal of the com- plaint in that suit was by an order upon motion , which did not operate as a verdict ...
Page 84
... parties . Unless there has been a mutual credit , founded on a subsist- ing debt on the other side , or an express or implied agreement of set - off , it will not be done . ( Howe et al . v . Shephard et al . , 2 Sum . 414-418 ; Gordon ...
... parties . Unless there has been a mutual credit , founded on a subsist- ing debt on the other side , or an express or implied agreement of set - off , it will not be done . ( Howe et al . v . Shephard et al . , 2 Sum . 414-418 ; Gordon ...
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Common terms and phrases
accord and satisfaction admitted agent agreement alleged amount answer appear April assessed assignment authority averred Bank barque bill bill of exchange bond BOSWORTH camphene cargo cause of action cent charge charter-party checks claim Code complaint Connecticut contract costs court of equity covenant creditors damages debt debtor decision defendant delivered demand demurrer denied dollars DUER duty endorsed entitled evidence execution facts freight given ground Heubach Brothers Holsman insured interest issue John judge judgment jury Justice Justice Paine lease levy liable lien Mayor ment Mollmann mortgage motion notice nulla bona objection owner paid parties payable payment person plaintiff pleadings possession premises promissory note proof proved purchase question reason received recover remit set-off sheriff ship Smith sold special term statute suit sureties testified testimony thereof tiff tion trial usage verdict vessel Wend Westervelt witness York
Popular passages
Page 642 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 666 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 108 - All deeds of gift, all conveyances, and all transfers or assignments, verbal or written, of goods, chattels, or things in action, made in trust for the use of the person making the same, shall be void as against the creditors, existing or subsequent, of such person.
Page 91 - ... together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest.
Page 467 - The defendant may set forth by answer as many defences and counter-claims as he may have, whether they be such as have been heretofore denominated legal or equitable, or both.
Page 495 - No rule in the interpretation of a policy is more fully established, or more imperative and controlling, than that which declares that in all cases it must be liberally construed in favor of the insured, so as not to defeat, without a plain necessity, his claim to the Indemnity which, In making the insurance, it was his object to secure.
Page 429 - It is thoroughly settled, because universally held, that a wife has an insurable interest in the life of her husband, and...
Page 538 - ... upon such terms and conditions as in his judgment may appear best, and most for the interest of the parties concerned...
Page 627 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
Page 440 - ... in witness whereof the said parties to these presents have hereunto interchangeably set their hands and seals, the day and year first above written.