Practice Reports in the Supreme Court and Court of Appeals, Volume 51Joel Munsell, 1876 - Civil procedure |
From inside the book
Results 1-5 of 40
Page 19
... allowed . In statement March 31 , 1866 , this balance , according to account number one , is carried into account number two , to the credit of the plaintiffs , at the foot of the account , in a distinct entry . It appears in ...
... allowed . In statement March 31 , 1866 , this balance , according to account number one , is carried into account number two , to the credit of the plaintiffs , at the foot of the account , in a distinct entry . It appears in ...
Page 33
... allowed and accepted was esti- mated upon a measurement of the new ice only ( 147,064 tons ) , and plaintiffs did not know , or have the means of knowing , what supply of ice defendant actually had . After the execution of these ...
... allowed and accepted was esti- mated upon a measurement of the new ice only ( 147,064 tons ) , and plaintiffs did not know , or have the means of knowing , what supply of ice defendant actually had . After the execution of these ...
Page 38
... allowed to settle the amount in advance ( Bagley agt . Peddie , 16 N. Y. , 469 ; Clement agt . Cash , 21 N. Y. , 253 ; Nobles agt . Bates , 7 Cow . , 307 ; Smith agt . Smith , 4 Wend . , 468 ; Williams agt . Dakin , 22 Wend . , 201 ...
... allowed to settle the amount in advance ( Bagley agt . Peddie , 16 N. Y. , 469 ; Clement agt . Cash , 21 N. Y. , 253 ; Nobles agt . Bates , 7 Cow . , 307 ; Smith agt . Smith , 4 Wend . , 468 ; Williams agt . Dakin , 22 Wend . , 201 ...
Page 40
... allowed to go into the market to supply the deficiency caused by a non - delivery , and hold the vendor for any excess in price . A different rule was adopted upon the trial , and in the decision of this case , whereby it was held ( by ...
... allowed to go into the market to supply the deficiency caused by a non - delivery , and hold the vendor for any excess in price . A different rule was adopted upon the trial , and in the decision of this case , whereby it was held ( by ...
Page 41
... allowed , as before stated , at the retail price per ton , on the ground that such a basis of estimation may be supposed to have entered into the contemplation of the par- ties . Such is the doctrine laid down in Griffin agt . Colver ...
... allowed , as before stated , at the retail price per ton , on the ground that such a basis of estimation may be supposed to have entered into the contemplation of the par- ties . Such is the doctrine laid down in Griffin agt . Colver ...
Other editions - View all
Common terms and phrases
affidavit agent agreement alleged amended amount answer apply appointed assignment authority Barb bond Bradley agt cause of action charge claim Code commissioner complaint constitution contract corporation costs counsel court of appeals court of equity creditors Crocker Croton aqueduct board Croton aqueduct department damages debt debtor defendant defendant's demurrer Dickie Digest duty entitled equity evidence ex rel execution executors fact favor foreclosure fraud fraudulent ground held interest issue judge judgment judgment debtor jurisdiction jury justice Kate Ward legislature levy liability lien matter Matteson Mayor ment misjoinder mortgage motion owner paid parties payment person plaintiff premises proceedings purchase question received recover reference residuary estate Rosenfeld sheriff special term statute statute of limitations Stevens supreme court testator thereof tiffs tion trial trustees Vanderbilt void writ of assistance York
Popular passages
Page 90 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Page 60 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 477 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 284 - The obligation of a contract is "the law which binds the parties to perform their agreement." Sturges v. Croiiminshield, 4 Wheat. 122, 197. .... This Court has said that "the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This principle embraces alike those which affect its validity, construction, discharge and enforcement...
Page 321 - Seventh. To exercise by its board of directors, or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of...
Page 284 - It is equally clear that where a State has authorized a municipal corporation to contract and to exercise the power of local taxation to the extent necessary to meet its engagements, the power thus given cannot be withdrawn until the contract is satisfied. The State and the corporation, in such cases, are equally bound.
Page 321 - To exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt; by receiving deposits; by buying and selling exchange, coin, and bullion; by loaning money on personal security; and by obtaining, issuing, and circulating notes according to the provisions of this title.
Page 428 - But if the Governor of Ohio refuses to discharge this duty, there is no power delegated to the General Government, either through the Judicial Department or any other department, to use any coercive means to compel him.
Page 119 - The other heads of departments shall be appointed by the mayor with the advice and consent of the board of aldermen.
Page 90 - That the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...