The New York Supplement, Volume 7West Publishing Company, 1890 - Law reports, digests, etc |
From inside the book
Results 1-5 of 73
Page 5
... PROOF OF PAYMENT . In an action to foreclose a mechanic's lien after the death of the owner of the house , defendants alleged payment of the debt by decedent in his life - time , but failed to produce any receipt for payment , though it ...
... PROOF OF PAYMENT . In an action to foreclose a mechanic's lien after the death of the owner of the house , defendants alleged payment of the debt by decedent in his life - time , but failed to produce any receipt for payment , though it ...
Page 9
... proof that such representatives are not entitled to the same respect for integrity that is claimed for the intestate . If the debt was really paid it is unfortunate for the defendants that the laws of evidence exclude the proofs upon ...
... proof that such representatives are not entitled to the same respect for integrity that is claimed for the intestate . If the debt was really paid it is unfortunate for the defendants that the laws of evidence exclude the proofs upon ...
Page 24
... proof , to be clear , definite , and certain , for the reason , as Judge Story expresses it , that a court of equity ' ought not to act upon conjectures , ' and if the proof should end in leaving the contract uncertain , so that the ...
... proof , to be clear , definite , and certain , for the reason , as Judge Story expresses it , that a court of equity ' ought not to act upon conjectures , ' and if the proof should end in leaving the contract uncertain , so that the ...
Page 63
... proof or finding we do not perceive how the plaintiffs could possibly have been injured by such error , as , in the absence of such findings , the result must have been the same . Moreover , the plaintiffs sub- mitted no request to find ...
... proof or finding we do not perceive how the plaintiffs could possibly have been injured by such error , as , in the absence of such findings , the result must have been the same . Moreover , the plaintiffs sub- mitted no request to find ...
Page 74
... proof . It was discovered that it might be misleading or erroneous as to material facts ; therefore proof was authorized . The ordinary way still is to make an affidavit . Then , if the assessors are not satisfied , proof may be taken ...
... proof . It was discovered that it might be misleading or erroneous as to material facts ; therefore proof was authorized . The ordinary way still is to make an affidavit . Then , if the assessors are not satisfied , proof may be taken ...
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Common terms and phrases
affidavit affirmed agreement alleged amount answer Appeal from special application Argued before BARKER assignment assignor attorney authority Bank BRUNT cause of action charge claim clause Code Civil Proc complaint concur contract corporation costs counsel court of equity creditors damages debtor debts deceased decedent decree deed defendant defendant's denied directed entitled evidence execution executors fact fendant Fifth Department firm fraud granted held injury intention interest judge judgment judgment debtor jury land lease liability ment Monroe county mortgage motion N. E. Rep N. Y. Supp naphtha negligence objection October 19 paid parties payment person plaintiff possession premises proceedings proof purchase purpose question Railroad real estate reason received recover referee respondent rule special term statute Supreme Court surrogate's court sustained testator testified testimony thereof tiff tion trial trust verdict witness York county
Popular passages
Page 454 - AN ACT to amend chapter four hundred and ten of the laws of eighteen hundred and eighty-two, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York," in relation to the commissioners of accounts, New York city.
Page 303 - All the rest, residue and remainder of my real and personal estate, I devise and bequeath unto the Trustees of Mount Holyoke College, et cetera.
Page 329 - fraud in the sense of a court of equity properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Page 481 - ... where the true owner holds out another, or allows him to appear, as the owner of, or as having full power of disposition over the property, and innocent third parties are thus led into dealing with such apparent owner, they will be protected. Their rights in such cases do not depend upon the actual title or authority of the party with whom they deal directly, but are derived from the act of the real owner, which precludes him from disputing, as against them, the existence of the title or power...
Page 132 - ... injured has not been damaged at least to the amount of what he has been induced fairly and in good faith to lay out and expend, including his own services, after making allowance for the value of materials on hand ; at least it does not lie in the mouth of the party in fault to say this, unless he can show that the expenses of the party injured have been extravagant and unnecessary for the purpose of carrying out the contract.
Page 207 - All stocks owned by the state, or by literary or charitable institutions : 7. The personal estate of every incorporated company not made liable to taxation on its capital, in the fourth Title of this Chapter: 8.
Page 543 - He explains his reasons for that; speaks of an intended disposition of "the remainder" of his property; and then formally devises and bequeaths to his executors all the rest, residue, and remainder of his estate, both real and personal, in trust.
Page 387 - A future estate is an estate limited to commence in possession at a future day, either without the intervention of a precedent estate or on the determination, by lapse of time or otherwise, of a precedent estate created at the same time.
Page 277 - Every patent or any interest therein shall be assignable in law by an instrument in writing, and the patentee or his assigns or legal representatives may in like manner grant and convey an exclusive right under his patent to the whole or any specified part of the United States.
Page 517 - Cal. — 34 property which shall pass, by will or by the intestate laws of this state, from any person who may die seized or possessed of the same while a resident of this state, or if such decedent was not a resident of this state at the time of death, which property, or any part thereof, shall be within this state...