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 48
... express agreement with the defendants . If this action had been one against the plaintiffs for not accepting and paying for the flour , it would be unsafe and consequently unsound to hold that the inquiry was made by the plaintiffs with ...
... express agreement with the defendants . If this action had been one against the plaintiffs for not accepting and paying for the flour , it would be unsafe and consequently unsound to hold that the inquiry was made by the plaintiffs with ...
Page 49
... express- ed in a different phraseology , is always a matter of fact and not of law . The court , therefore , clearly erred in holding as a mat- ter of law that the effect of the plaintiffs ' letter of August 31 , was such as is ...
... express- ed in a different phraseology , is always a matter of fact and not of law . The court , therefore , clearly erred in holding as a mat- ter of law that the effect of the plaintiffs ' letter of August 31 , was such as is ...
Page 55
... express the rate of interest , or " value received , " nor a contract of sale , when payment is to be made , or in what currency , or where the thing sold shall be delivered , or the precise time of delivery . Where in these respects ...
... express the rate of interest , or " value received , " nor a contract of sale , when payment is to be made , or in what currency , or where the thing sold shall be delivered , or the precise time of delivery . Where in these respects ...
Page 99
... express power and obligation to apportion the com- missions , because before that , no such express power was pos → sessed by that officer , and possibly no such implied power . In Valentine v . Valentine , ( 2 Barb . Ch . 438 , ) the ...
... express power and obligation to apportion the com- missions , because before that , no such express power was pos → sessed by that officer , and possibly no such implied power . In Valentine v . Valentine , ( 2 Barb . Ch . 438 , ) the ...
Page 113
... express direction of the testator to invest in stocks took the case out of the very rule of equity on which we rely . No such authority was given by the will of Mr. Clendenning . It is , besides , to be remarked VOL . XX . 15 Hogan v ...
... express direction of the testator to invest in stocks took the case out of the very rule of equity on which we rely . No such authority was given by the will of Mr. Clendenning . It is , besides , to be remarked VOL . XX . 15 Hogan v ...
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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.