Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volume 20Gould, Banks & Gould, 1858 - Law reports, digests, etc |
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Page 20
... entitled to recover , and the defendant excepted . Judgment having been entered upon the decision , the defendant appealed to the general term . M. I. Townsend , for the plaintiff . J. H. Reynolds , for the defendant . By the Court ...
... entitled to recover , and the defendant excepted . Judgment having been entered upon the decision , the defendant appealed to the general term . M. I. Townsend , for the plaintiff . J. H. Reynolds , for the defendant . By the Court ...
Page 24
... entitled to recover at all , they were entitled to recover only the difference between the amount paid by them , with interest , and the value of the stock . The court decided that the plaintiffs were entitled to recover the amount of ...
... entitled to recover at all , they were entitled to recover only the difference between the amount paid by them , with interest , and the value of the stock . The court decided that the plaintiffs were entitled to recover the amount of ...
Page 41
... entitled to relief in equity . As between the parties to the instrument , and in re- gard to the note given on the sale of the corn , certain rights would remain . If the clause in the lease giving the supposed lien had any legal ...
... entitled to relief in equity . As between the parties to the instrument , and in re- gard to the note given on the sale of the corn , certain rights would remain . If the clause in the lease giving the supposed lien had any legal ...
Page 44
... entitled to recover against the defendants damages for the breach of contract on their part , in neglecting and refusing to deliver the flour when demanded , on the 1st day of October , 1853. 3d . That the amount of dam- ages the ...
... entitled to recover against the defendants damages for the breach of contract on their part , in neglecting and refusing to deliver the flour when demanded , on the 1st day of October , 1853. 3d . That the amount of dam- ages the ...
Page 45
... entitled to recover under the first count in the com- plaint , for the following reasons : ( 1. ) That it did not contain a statement of sufficient facts to constitute a cause of action ; ( 2. ) That the contract , or cause of action ...
... entitled to recover under the first count in the com- plaint , for the following reasons : ( 1. ) That it did not contain a statement of sufficient facts to constitute a cause of action ; ( 2. ) That the contract , or cause of action ...
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Common terms and phrases
affidavits agent agreement alleged answer appear apply arbitrators assignment authority averred award bank Barb cause of action charge claim clause commenced common law complaint condition constitution contract conveyance conveyed corporation covenant damages debt declares deed defendant delivered delivery demurrer Denio duty Ellicottville entitled evidence executed executor facts fendant flour foreclosure Glen Cove Haight held injury intent interest John judge judgment jury justice land lease legislative legislature liable liquor mandamus Mears ment mortgage notice objection opinion owner paid parol parties payment person plaintiff plaintiff in error plank road possession premises prohibition proof proved provisions purchase question Rail Road Company received recover referee remedy replevin Schenectady sell sheriff sold special term statute sufficient sustained testator thereof tiff tion Toynbee trial trial by jury trust valid void Wend Wynhamer York
Popular passages
Page 305 - The commissioned officers of the militia shall be commissioned by the Governor; and no commissioned officer shall be removed from office, unless by the Senate on the recommendation of the Governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial, pursuant to law. The present officers of the militia shall hold their commissions subject to removal, as before provided.
Page 234 - That for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered.
Page 213 - THERE is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of . property ; or that sole and despotic dominion which one man claims and exercises over the external things of the world} in total exclusion of the right of any other individual in the universe.
Page 182 - And if any State deems the retail and internal traffic in ardent spirits injurious to its citizens, and calculated to produce idleness, vice or debauchery, I see nothing in the Constitution of the United States to prevent it from regulating and restraining the traffic, or from prohibiting it altogether if it thinks proper.
Page 677 - ... and unless it be performed the devisee can take nothing. If on the contrary the act does not necessarily precede the vesting of the estate, but may accompany or follow it, if this is to be collected from the whole will, the condition is subsequent.
Page 230 - Political therefore, or civil liberty, which is that of a member of society, is no other than natural liberty so far restrained by human laws, and no farther, as is necessary and expedient for the general advantage of the public.
Page 152 - P. 249] , and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 193 - No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.
Page 234 - The true reason of the remedy ? And then the office of all the judges is always to make such construction as shall suppress the mischief and advance the remedy...
Page 195 - Kinzie et aL contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the constitution.