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 19
... rule of limitation should be applied , unless required by positive law . The defendant's property , according to the theory of these acts , has been exclusively benefited to the amount assessed on it . Neither he nor his property has ...
... rule of limitation should be applied , unless required by positive law . The defendant's property , according to the theory of these acts , has been exclusively benefited to the amount assessed on it . Neither he nor his property has ...
Page 25
... rule . The defendant , it seems , acted as agent . He was to pro- cure and deliver a deed . The plaintiff was to pay as soon as it " can be ascertained that the title to said premises is good and unencumbered . " The contract ...
... rule . The defendant , it seems , acted as agent . He was to pro- cure and deliver a deed . The plaintiff was to pay as soon as it " can be ascertained that the title to said premises is good and unencumbered . " The contract ...
Page 29
... rule was , what would a person reasonably have understood from what he said ; or in other words , what , under the circumstances of the transaction and of the parties to it , was the fair construction of what the de- fendants said . And ...
... rule was , what would a person reasonably have understood from what he said ; or in other words , what , under the circumstances of the transaction and of the parties to it , was the fair construction of what the de- fendants said . And ...
Page 45
... rule that an offence , malum prohibitum , is con- fined in its punishment to the statute creating it , does not for- bid an action for the consequences of the illegal act , where actual damage is proved ; it only forbids an action for ...
... rule that an offence , malum prohibitum , is con- fined in its punishment to the statute creating it , does not for- bid an action for the consequences of the illegal act , where actual damage is proved ; it only forbids an action for ...
Page 59
... rule . On the contrary , we believe that a single minority was selected for the very purpose of meeting and avoiding the ob- jection that has been relied on . Should John die during his minority , the fee would vest immediately in the ...
... rule . On the contrary , we believe that a single minority was selected for the very purpose of meeting and avoiding the ob- jection that has been relied on . Should John die during his minority , the fee would vest immediately in the ...
Contents
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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.