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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Page 13
... jury that it was essential to the maintenance of the action that they should be satisfied from the evidence that Schumacher was in fact dead . If he was , that the action was sustained , unless there had been a false warranty , or ...
... jury that it was essential to the maintenance of the action that they should be satisfied from the evidence that Schumacher was in fact dead . If he was , that the action was sustained , unless there had been a false warranty , or ...
Page 14
... jury should find that Martin and Valton , or either of them , procured or paid for the policy , for their own benefit , though with the assent of Schumacher , it was void as being a wager policy . The judge refused so to charge , and ...
... jury should find that Martin and Valton , or either of them , procured or paid for the policy , for their own benefit , though with the assent of Schumacher , it was void as being a wager policy . The judge refused so to charge , and ...
Page 16
... jury , upon the evidence , would have been justified in finding that Martin & Valton , or one of them , procured or paid for the policy of insurance for their own benefit . The re- fusal of the learned judge who tried the cause to ...
... jury , upon the evidence , would have been justified in finding that Martin & Valton , or one of them , procured or paid for the policy of insurance for their own benefit . The re- fusal of the learned judge who tried the cause to ...
Page 18
... jury was there- fore in this respect without evidence to sustain it , but directly against the evidence in the case . VIII . A motion for a new trial upon a case is an application addressed to the discretion of the court , and will ...
... jury was there- fore in this respect without evidence to sustain it , but directly against the evidence in the case . VIII . A motion for a new trial upon a case is an application addressed to the discretion of the court , and will ...
Page 19
... jury , by their verdict in favor of the plaintiffs , must have found either that said representations were not made , or if made were not material , or that the same were not untruly made . Their finding in every respect , other than ...
... jury , by their verdict in favor of the plaintiffs , must have found either that said representations were not made , or if made were not material , or that the same were not untruly made . Their finding in every respect , other than ...
Contents
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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.