Reports of Cases Argued and Determined in the Superior Court of the City of New York [1869-1870]: 1869Banks & Brothers, 1871 |
Other editions - View all
Reports of Cases Argued and Determined in the Superior Court of the City of ... James M Sweeny No preview available - 2019 |
Common terms and phrases
affirmed agent agreed agreement alleged amount appeal assignment authority Barb Buell cause of action charge Charles Beers claim complaint Concurring opinion contract corporation costs counsel Court court of equity covenant damages debt Decided decision defendant defendant's delivered delivery demand dollars entitled evidence fact fendants fraud held injury intent interest John Gregory JONES judge judgment jury Justice land lease liable lien McCUNN ment mortgage motion negligence notice Opinion by FITHIAN Opinion by FREEDMAN Opinion by MONELL owner paid parties passenger payment person plaintiff possession premises proceedings proof proved purchase question real estate reason received recover referred refused rendered rent Respondent's Points rule sell sold Special Term Statement statute statute of frauds street sufficient thereof THOMAS DONNELLY tiff tion trial trustees vendor verdict void Wend William Wake witness York
Popular passages
Page 436 - ... with the possession of any merchandise for the purpose of sale, or as a security for any advances to be made or obtained thereon, shall be deemed to be the true owner thereof, so far as to give validity to any contract made by such agent with any other person, for the sale or disposition of the whole or any part of such merchandise...
Page 65 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation; hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do, or cause to be done, by virtue hereof.
Page 211 - A receiver may be appointed, — 1. Before judgment, on the application of either party, when he establishes an apparent right to property which is the subject of the action, and which is in the possession of an adverse party, and the property, or its rents and profits, are in danger of being lost, or materially injured or impaired; except in cases where judgment upon failure to answer may be had without application to the court ; 2.
Page 449 - The universal and fundamental principle of our law of personal property is, that no man can be divested of his property without his consent, and consequently that even the honest purchaser under a defective title cannot hold against the true proprietor.
Page 489 - Book of orders appointing receivers of judgment debtors," and shall note the time of the filing of said order therein. A certified copy of said order shall be delivered to the receiver named therein, and he shall be vested with the property and effects of the judgment debtor from the time of the filing and recording of the order as aforesaid.
Page 584 - Every contract for the sale of any goods, chattels, or things in action, for the price of fifty dollars or more, shall be void, unless, 1.
Page 365 - When the amount found due to either party exceeds the sum for which the justice is authorized to enter judgment, such party may remit the excess and judgment may be rendered for the residue.
Page 661 - ... or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 440 - For it is not to be presumed that the Legislature intended to make any innovation upon the Common Law further than the case absolutely required.
Page 537 - A judge, other than a judge of the court of appeals, shall not decide or take part in the decision of a question, which was argued orally in the court, when he was not present and sitting therein as a judge.