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 21
... testimony was closed , there being no disputed facts , the judge ordered a verdict to be entered for the plaintiff for $ 129.34 , the damages claimed , sub- ject to the opinion of the court upon a case to be argued at Carr v . Roach ...
... testimony was closed , there being no disputed facts , the judge ordered a verdict to be entered for the plaintiff for $ 129.34 , the damages claimed , sub- ject to the opinion of the court upon a case to be argued at Carr v . Roach ...
Page 37
... testimony on the subject of demand was the certificate of the notary . That certificate was inad- missible , because the defendant Boyd had " annexed to his plea an affidavit denying the fact of having received notice . " ( 2d Rev. Stat ...
... testimony on the subject of demand was the certificate of the notary . That certificate was inad- missible , because the defendant Boyd had " annexed to his plea an affidavit denying the fact of having received notice . " ( 2d Rev. Stat ...
Page 38
... testimony . ) III . Plaintiffs not having received the note in the usual course of business , and without notice , it is open to all equities . There was no consideration . Crum received the note for a patent which he professed to own ...
... testimony . ) III . Plaintiffs not having received the note in the usual course of business , and without notice , it is open to all equities . There was no consideration . Crum received the note for a patent which he professed to own ...
Page 39
... testimony on plaintiffs ' part are supplied , even after a motion for non - suit , the court will not disturb the case . ( Jackson v . Leggett , 7 Wend . 377. Colvin v . Burnet , 2 Hill . 620. ) VI . There must be judgment in favor of ...
... testimony on plaintiffs ' part are supplied , even after a motion for non - suit , the court will not disturb the case . ( Jackson v . Leggett , 7 Wend . 377. Colvin v . Burnet , 2 Hill . 620. ) VI . There must be judgment in favor of ...
Page 41
... testimony of Tyler and Boyd's admission , together furnish sufficient primâ facie evidence of due service of notice of protest on Boyd : and that he received on the day on which it might , legally , have been served . Whether Boyd , as ...
... testimony of Tyler and Boyd's admission , together furnish sufficient primâ facie evidence of due service of notice of protest on Boyd : and that he received on the day on which it might , legally , have been served . Whether Boyd , as ...
Contents
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685 | |
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.