Draft of a Civil Code for the State of New York |
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Page 145
... Story Eq . Jur . , § 187 ; Gale v . Gale , 19 Barb . , 251 ; Jeremy Eq . Jur . , 358 ; Pothier Obl . , n . 28 ; Gardner v . Heartt , 3 Denio , 236 . " Gardner v . Ogden , 22 N. Y. , 327 ; McQueen v . Farquhar 11 Ves . , 479 ; Story Eq ...
... Story Eq . Jur . , § 187 ; Gale v . Gale , 19 Barb . , 251 ; Jeremy Eq . Jur . , 358 ; Pothier Obl . , n . 28 ; Gardner v . Heartt , 3 Denio , 236 . " Gardner v . Ogden , 22 N. Y. , 327 ; McQueen v . Farquhar 11 Ves . , 479 ; Story Eq ...
Page 146
... Story Eq . Jur . , §§ 111-139 . But the contrary view has been taken by judges of high autho- rity . See Champlin v . Laytin , 18 Wend . , 422 ; Stone v . Godfrey , 5 De G. M. & G. , 90 ; Broughton v . Hutt , 3 De G. & J. , 501 ; Evants ...
... Story Eq . Jur . , §§ 111-139 . But the contrary view has been taken by judges of high autho- rity . See Champlin v . Laytin , 18 Wend . , 422 ; Stone v . Godfrey , 5 De G. M. & G. , 90 ; Broughton v . Hutt , 3 De G. & J. , 501 ; Evants ...
Page 153
... Story Cont . , § 656 . § 584. The intention of the parties is to be ascertained Intention by the rules hereinafter stated . of parties , how ascer- tained . to be ascer tained from language . 585. The language of the contract is to ...
... Story Cont . , § 656 . § 584. The intention of the parties is to be ascertained Intention by the rules hereinafter stated . of parties , how ascer- tained . to be ascer tained from language . 585. The language of the contract is to ...
Page 154
... Story Cont . , § 647 ; Code La . , 1941 . Smith v . Wilson , 3 B. & Ad . , 728 ; see Hinton r . Locke , 5 Hill , 437 ... Story Confl . Laws , §§ 270 , 280 ; Curtis v . Leavitt , 15 N. Y. , 9 ; Jacks v . Nichols , 5 id . , 178 ; Cutler ...
... Story Cont . , § 647 ; Code La . , 1941 . Smith v . Wilson , 3 B. & Ad . , 728 ; see Hinton r . Locke , 5 Hill , 437 ... Story Confl . Laws , §§ 270 , 280 ; Curtis v . Leavitt , 15 N. Y. , 9 ; Jacks v . Nichols , 5 id . , 178 ; Cutler ...
Page 155
... Story Cont . , §§ 635 , 636 , 660 . words wholly in- consistent . Words to be taken most § 598. In case of uncertainty not removed by the pre- ceding rules , language should be interpreted most strongly strongly against the party who ...
... Story Cont . , §§ 635 , 636 , 660 . words wholly in- consistent . Words to be taken most § 598. In case of uncertainty not removed by the pre- ceding rules , language should be interpreted most strongly strongly against the party who ...
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Common terms and phrases
acceptance action administrator or collector agent agreement apply appointed ARTICLE assignment authority Barb bill bottomry carrier certificate CHAPTER CIVIL PROCEDURE Code Code Napoleon common carrier consent consignee contract conveyance corporation court creditor damages death debtor debts decedent deemed defined delivery Denio deposit depositary devise drawee Duer effect entitled execution executor exonerated filed fraud freight money grant grantor guardian hiring husband indorser instrument insured intention interest Johns land legacies letters letters testamentary liability lien loss marriage ment mortgage negotiable instrument notice obligation owner Paige partner partnership party payable payment performance personal property perty pledge possession prescribed principal provisions real property recorded revocation rule Sandf SECTION ship specific performance specified statute Story Eq Story on Bailm successors surety surrogate surrogate's court thereof thing third person tion transfer trust unless valid vests void voyage warranty Wend
Popular passages
Page 42 - A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws.
Page xciv - Secretary; 3. If against a minor under the age of fourteen years: to such minor personally, and also to his father, mother, or guardian; or if there be none within the State, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed; 4.
Page 120 - That words, in general, are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another can be collected, and that other can be ascertained...
Page 159 - Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his rights.
Page 48 - Subject to the rules of this title, and of Part I of this division, a freehold estate, as well as a chattel real, may be created to commence at a future day; an estate for life may be created in a term of years, and a remainder limited thereon; a remainder of a freehold or chattel real, either contingent or vested, may be created, expectant on the determination of a term of years...
Page 102 - ... void by reason of the actual possession of a person claiming under a title adverse to that of the grantor...
Page 57 - Where an express trust relating to real property is created for any purpose not specified in the preceding sections of this article, no estate shall vest in the trustees ; but the trust, if directing or authorizing the performance of any act which may be lawfully performed under a power, shall be valid as a power in trust, subject to the provisions of this chapter.
Page 11 - A marriage is void from the time its nullity is declared by a court of competent jurisdiction if either party thereto : 1.
Page 221 - Every one who offers to the public to carry persons, property, or messages, excepting only telegraphic messages, is a common carrier of whatever he thus offers to carry.
Page 349 - A mortgage of personal property is void as against creditors of the mortgagor and subsequent purchasers and incumbrancers of the property in good faith and for value, unless : 1. It is...