Practice Reports in the Supreme Court and Court of Appeals, Volume 51Joel Munsell, 1876 - Civil procedure |
From inside the book
Results 1-5 of 34
Page 3
... exist . The defendant Gregory , who had been the agent of the old company in New York , became , the agent of the Mound City Company as far as the laws of New York would allow him , but as this last named company was not admitted to do ...
... exist . The defendant Gregory , who had been the agent of the old company in New York , became , the agent of the Mound City Company as far as the laws of New York would allow him , but as this last named company was not admitted to do ...
Page 15
... exists in favor of the plaintiffs , or in the individual creditors of Isaac Rosenfeld , Jr. , as calls for a judgment , directing that Rosenfeld's share of the debt created by account number two growing out of his private agreement with ...
... exists in favor of the plaintiffs , or in the individual creditors of Isaac Rosenfeld , Jr. , as calls for a judgment , directing that Rosenfeld's share of the debt created by account number two growing out of his private agreement with ...
Page 17
... exist , not in the plaintiffs ' favor , but in that of the remaining partners of Rosenfeld . Partners cannot , by ... exists in his favor individually . Pre- vious to such liquidation he had assigned his interest in the firm for the ...
... exist , not in the plaintiffs ' favor , but in that of the remaining partners of Rosenfeld . Partners cannot , by ... exists in his favor individually . Pre- vious to such liquidation he had assigned his interest in the firm for the ...
Page 41
... exist of plaintiff's right to recover said sum of $ 19,370.15 , which was the excess of payments and interest for ice that was covered by the contracts . A more serious question arises as to the two parcels of 823 tons which were never ...
... exist of plaintiff's right to recover said sum of $ 19,370.15 , which was the excess of payments and interest for ice that was covered by the contracts . A more serious question arises as to the two parcels of 823 tons which were never ...
Page 43
... exist ing contract by the purchaser for a resale at an advanced price of the article which such vendor agreed to supply for the purpose of fulfilling such contract . It is unnecessary to cite other authorities upon this point , as the ...
... exist ing contract by the purchaser for a resale at an advanced price of the article which such vendor agreed to supply for the purpose of fulfilling such contract . It is unnecessary to cite other authorities upon this point , as the ...
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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...