Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volume 22Gould, Banks & Gould, 1857 - Law reports, digests, etc |
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Results 1-5 of 100
Page 23
... duty . ( 24 Wend . 381 , 384. ) IV . The court properly declined to hold , or to instruct the jury to find , that the policy in question was a wager policy . ( 1. ) Policies of insurance are not within the statutory prohibi- tion of ...
... duty . ( 24 Wend . 381 , 384. ) IV . The court properly declined to hold , or to instruct the jury to find , that the policy in question was a wager policy . ( 1. ) Policies of insurance are not within the statutory prohibi- tion of ...
Page 24
... duty by their agent , and his eagerness to obtain risks , the defendants were involved in a litigation for a large sum . The principal defense set up in the pleadings was , that the policy was obtained by fraud . The complaint averred ...
... duty by their agent , and his eagerness to obtain risks , the defendants were involved in a litigation for a large sum . The principal defense set up in the pleadings was , that the policy was obtained by fraud . The complaint averred ...
Page 59
... duty enjoined upon them by statute to examine the record of that deed , and Bancker could not have claimed any right or privilege as against the plaintiffs by reason of any thing contained in his deed . The true proposition is that ...
... duty enjoined upon them by statute to examine the record of that deed , and Bancker could not have claimed any right or privilege as against the plaintiffs by reason of any thing contained in his deed . The true proposition is that ...
Page 73
... duties of the office . On the same day , the new common council proceeded to re - canvass the votes for mayor , and ... duty of the common council , in making the first canvass , was purely ministerial , and consisted in a simple matter ...
... duties of the office . On the same day , the new common council proceeded to re - canvass the votes for mayor , and ... duty of the common council , in making the first canvass , was purely ministerial , and consisted in a simple matter ...
Page 75
... duties of the office , and has ever since continued to dis- charge such duties . It further appeared that on the 12th day of May , the new common council appointed a large number of persons to be members of the police department , in ...
... duties of the office , and has ever since continued to dis- charge such duties . It further appeared that on the 12th day of May , the new common council appointed a large number of persons to be members of the police department , in ...
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Common terms and phrases
agent agreement Ainsworth & Hunt alleged answer appeal applied assignment assignors authority Barb cause of action charge Charles Ludlow claim commenced common council common law complaint construction contract corporation counsel county court court of equity Cowen damages debt deed defendant delivered entitled equity evidence execution fact fendants Fultonville Fund Life Assurance grant ground held highway Hudson River husband injury intended interest John judge judgment jurisdiction jury justice land legislature liable Margaret Thornton mayor ment mortgage National Loan Fund objection owner paid Paige parties payment person Peter Young Phyfe plaintiff Plank Road Port Maitland possession premises proceedings proved provisions purchase question raft Rail Road Company recover reference rule Schumacher separate estate sold special term statute street suit supreme court testator thereof tiff tion Town of Fishkill trial trustees Valton void Wend Wetmore wife witness York
Popular passages
Page 351 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises...
Page 72 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2.
Page 508 - LET dogs delight to bark and bite, For God hath made them so; Let bears and lions growl and fight, For 'tis their nature too.
Page 145 - A cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiffs claim, or connected with the subject of the action; 2.
Page 493 - Prorogation or dissolution constitutes there what is called a session; provided some act has passed. In this case, all matters depending before them are discontinued, and at their next meeting are to be taken up de novo, if taken up at all. — 1 Blackstone, 186. Adjournment, which is by themselves, is no more than a continuance of the session from one day to another, or for a fortnight, a month, etc., ad libitum.
Page 382 - Any married female may take by inheritance, or by gift, grant, devise or bequest from any person other than her husband, and hold to her sole and separate use, and convey and devise real and personal property, and any interest or estate therein, and the rents, issues and profits thereof, in the same manner and with like effect as if she were unmarried, and the same shall not be subject to the disposal of her husband nor be liable for his debts.
Page 281 - But profits or advantages which are the direct and immediate fruits of the contract entered into between the parties, stand upon a different footing. These are part and parcel of the contract itself, entering into and constituting a portion of its very elements; something stipulated for, the right to the enjoyment of which is just as clear and plain as to the fulfillment of any other stipulation.
Page 116 - When any person shall usurp, intrude into, or unlawfully hold or exercise, any public office, civil or military, or any franchise within this state, or any office in a corporation created by the authority of this state, or 2.
Page 76 - Where it shall appear by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff...
Page 493 - Parliament have three modes of separation, to wit: by adjournment, by prorogation or dissolution by the King, or by the efflux of the term for which they were elected. Prorogation or dissolution constitutes there what is called a session; provided some act was passed.