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 14
... parties claiming an interest in them , when such parties have sustained a loss , and then only to the extent of such loss . This principle is applicable to insurances upon life as well as to ma- rine and fire risks . ( McLaren v ...
... parties claiming an interest in them , when such parties have sustained a loss , and then only to the extent of such loss . This principle is applicable to insurances upon life as well as to ma- rine and fire risks . ( McLaren v ...
Page 19
... parties well knew . The suppressio veri in this case is therefore in fact a suggestio falsi . ( 2. ) As to the representation that Schumacher was the moneyed man of the concern : Taken in connection with Valton v . National Loan Fund ...
... parties well knew . The suppressio veri in this case is therefore in fact a suggestio falsi . ( 2. ) As to the representation that Schumacher was the moneyed man of the concern : Taken in connection with Valton v . National Loan Fund ...
Page 20
... parties must have intend- ed to be understood as asserting that Schumacher was the partner who had brought the money into the concern . This was palpably a falsehood ; the articles of copartnership show that he contributed nothing to ...
... parties must have intend- ed to be understood as asserting that Schumacher was the partner who had brought the money into the concern . This was palpably a falsehood ; the articles of copartnership show that he contributed nothing to ...
Page 24
... parties com- plaining fully and fairly presented the specific point on which they relied , so that the court at nisi prius decided , and intended to decide , the very question raised before the appellate tribunal . ( 10 Barb . 453. 4 id ...
... parties com- plaining fully and fairly presented the specific point on which they relied , so that the court at nisi prius decided , and intended to decide , the very question raised before the appellate tribunal . ( 10 Barb . 453. 4 id ...
Page 26
... parties a most liberal construction was given to the answer of the defendants . Had the plaintiffs stopped after proving the facts put in issue by the pleadings , leaving to the defendants to establish affirmatively the frauds set up in ...
... parties a most liberal construction was given to the answer of the defendants . Had the plaintiffs stopped after proving the facts put in issue by the pleadings , leaving to the defendants to establish affirmatively the frauds set up in ...
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.