Reports of Cases in Law and Equity in the Supreme Court of the State of New YorkGould, Banks & Gould, 1852 - Law reports, digests, etc |
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Page 11
... appears from the error book , that on the 22d of October , 1844 , Weeks entered into a contract with the defendant to do the mason work upon the buildings in question . It further ap- pears that afterwards , and on the 21st of December ...
... appears from the error book , that on the 22d of October , 1844 , Weeks entered into a contract with the defendant to do the mason work upon the buildings in question . It further ap- pears that afterwards , and on the 21st of December ...
Page 12
... appear whether he had ever received any conveyance . The agreement , however , shows that he assumed to have the right to make a contract in refer- ence to the buildings to be erected upon them ; and to have the right and the power to ...
... appear whether he had ever received any conveyance . The agreement , however , shows that he assumed to have the right to make a contract in refer- ence to the buildings to be erected upon them ; and to have the right and the power to ...
Page 14
... appears on their ledger . Witness , Samuel H. Jordan . R. CHILDS . [ L. S. ] " The defendant pleaded non est factum , and gave notice that he would prove that the agreement was executed without any consideration , and that the one ...
... appears on their ledger . Witness , Samuel H. Jordan . R. CHILDS . [ L. S. ] " The defendant pleaded non est factum , and gave notice that he would prove that the agreement was executed without any consideration , and that the one ...
Page 15
... appear on it ; the seal of itself imported a consideration and so satisfied the statute , or it may have been deemed that the stat- ute had no reference to sealed instruments . In this respect , so far as the statute against frauds is ...
... appear on it ; the seal of itself imported a consideration and so satisfied the statute , or it may have been deemed that the stat- ute had no reference to sealed instruments . In this respect , so far as the statute against frauds is ...
Page 42
... appear where the plaintiff , lived , or that he was ever in the city of Troy , either as a traveler or otherwise . The justice gave judgment for the plaintiff for the value of the horse , which the county court of Rensselaer county ...
... appear where the plaintiff , lived , or that he was ever in the city of Troy , either as a traveler or otherwise . The justice gave judgment for the plaintiff for the value of the horse , which the county court of Rensselaer county ...
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Common terms and phrases
agreement alledged amount appear applied assignment authority bank bill bond Buckley canal cause of action charge claim complaint consideration contract county court court of chancery court of equity Cowen creditors damages debt debtor decision declaration decree deed defendant defendant's delivered demurrer discharge dower entitled equity evidence execution executor facts fee simple fendant freehold given guaranty Hardenburgh heir held highway horse indorsed interest John judge judgment jurisdiction jury justice Kissam land liable ment mortgage New-York nonsuit notice objection owner paid Paige parties partnership payment person plaintiff plaintiff in error possession premises proceedings promissory note proof proved purchase question real estate received recover referee remainderman replevin road rule Saratoga and Washington sell sheriff sold statute suit surety tenant TERM testator thereof Thomas Reid tiff tion trespass trial trustees usury verdict Washington Railroad Wend William Kent witness
Popular passages
Page 518 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 665 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Page 15 - In the following cases every agreement shall be void unless such agreement, or some note or memorandum thereof, be in writing and subscribed by the party to be charged therewith : 1 . Every agreement that, by its terms, is not to be performed within one year from the making thereof.
Page 449 - When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.
Page 255 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.
Page 519 - Where the question is one of a common or general interest of many persons, or the parties are very numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Page 407 - The provisions of the preceding: fifty-first section shall not extend to cases where the alienee named in the conveyance, shall have taken the same as an absolute conveyance, in his own name, without the consent or knowledge of the person paying the consideration, or where such alienee, in violation of some trust, shall have purchased the lands so conveyed, with moneys belonging to another person.
Page 97 - That in all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day and inclusively of the last day...
Page 149 - It would be inconvenient," says Lord Coke, " that matters in writing made by advice and on consideration, and which finally import the certain truth of the agreement of the parties, should be controlled by averment of the parties to be proved by the uncertain testimony of slippery memory.
Page 394 - ... if the lord who distrains for rent, or the owner for damage-feasant, works or kills the distress; or if he who enters to see waste breaks the house, or stays there all night; or if the commoner cuts down a tree, in these, and the like cases, the law adjudges that he entered for that purpose; and because the act which demonstrates it is a trespass, he shall be a trespasser ab initio, as it appears in all the said books.