Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 33New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Edmund Hamilton Smith, Hiram Edward Sickels, Louis J. Rezzemini, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero Lawyers Co-operative Publishing Company, 1866 - Law reports, digests, etc |
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Page 3
... DAVIES , WILLIAM B. WRIGHT , JOHN K. PORTER , JUDGES OF THE COURT OF APPEALS . JOHN W. BROWN , PLATT POTTER , WILLIAM W. CAMPBELL , NOAH DAVIS , JUSTICES OF THE SUPREME COURT . For the Year 1866 . HENRY E. DAVIES , Chief Judge ...
... DAVIES , WILLIAM B. WRIGHT , JOHN K. PORTER , JUDGES OF THE COURT OF APPEALS . JOHN W. BROWN , PLATT POTTER , WILLIAM W. CAMPBELL , NOAH DAVIS , JUSTICES OF THE SUPREME COURT . For the Year 1866 . HENRY E. DAVIES , Chief Judge ...
Page 31
... DAVIES , J. JACOB BILLINGTON , Appellant , v . JAMES WAGONER and others , Respondents . DEFENSE OF USURY . The defense of usury can be set up only by the party bound by the original agreement to pay the sum borrowed , or by the sureties ...
... DAVIES , J. JACOB BILLINGTON , Appellant , v . JAMES WAGONER and others , Respondents . DEFENSE OF USURY . The defense of usury can be set up only by the party bound by the original agreement to pay the sum borrowed , or by the sureties ...
Page 32
... DAVIES , J. a valid defense , and the defendants would be entitled to a verdict , to which the counsel for the plaintiff then and there excepted . The jury found a verdict for the defendants , and the court directed the exceptions to be ...
... DAVIES , J. a valid defense , and the defendants would be entitled to a verdict , to which the counsel for the plaintiff then and there excepted . The jury found a verdict for the defendants , and the court directed the exceptions to be ...
Page 33
... DAVIES , J. nolds v . Ward ( 5 Wend . , 501 ) , where it was held that an agreement without consideration by a creditor with the prin- cipal debtor enlarging the time of payment , does not dis- charge the surety to such note . But the ...
... DAVIES , J. nolds v . Ward ( 5 Wend . , 501 ) , where it was held that an agreement without consideration by a creditor with the prin- cipal debtor enlarging the time of payment , does not dis- charge the surety to such note . But the ...
Page 34
... DAVIES , J. He party who can avail himself of that defense to waive it . may waive the usury and provide for the payment of the money actually lent , with the legal interest thereon , and such liability furnishes a good consideration ...
... DAVIES , J. He party who can avail himself of that defense to waive it . may waive the usury and provide for the payment of the money actually lent , with the legal interest thereon , and such liability furnishes a good consideration ...
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Aaron H act of congress action affirmed agreement alleged amount answer appeal applied Arguments for Appellants Arguments for Respondents assessed authority bill bond and mortgage Brown capital charge charitable claim common council common law complainants Constitution contract corporation Court of Chancery court of equity creditors DAVIES debt declared defendants DENIO devise entitled evidence executed executors executrix exempt fact fraud Givan given held Hitchins Insurance Company intention interest invested judge judgment jury lands lease legislative legislature liable lumber McNett ment Mohawk river national banks navigable Nicholas Evertson object Opinion owner paid parties payment personal estate Phoenix Bank pier plaintiff Pomeroy provision purpose question Ralph Pomeroy real estate received recover reference river River Raisin rule securities shareholders shares Statement statute stockholders Supreme Court taxation Term thereof TIFFANY.-VOL tion trial trust United usury valid void Wend York
Popular passages
Page 564 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 236 - Nothing herein shall be construed to exempt the real property of associations from either State, county or municipal taxes, to the same extent, according to its value, as other real property is taxed...
Page 207 - All subjects over which the sovereign power of a state extends, are objects of taxation; but those over which it does not extend, are, upon the soundest principles, exempt from taxation.
Page 670 - No person or corporation shall, directly or indirectly, take or receive any money, goods or things in action, or in any other way, any greater sum or greater value for the loan or forbearance of any money, goods or things in action, than is above prescribed.
Page 220 - ... that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such state...
Page 690 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 207 - The sovereignty of a state extends to everything which exists by its own authority, or is introduced by its permission; but does it extend to those means which are employed by congress to carry into execution powers conferred on that body by the people of the United States?
Page 206 - This opinion does not deprive the States of any resources which they originally possessed. It does not extend to a tax paid by the real property of the bank, in common with the other real property within the State, nor to a tax imposed on the interest which the citizens of Maryland may hold in this institution, in common with other property of the same description throughout the State.
Page 205 - Provided, That nothing in this act shall be construed to prevent all the shares in any of the said associations, held by any person or body corporate, from being included in the valuation of the personal property of such person or corporation, in the assessment of taxes imposed by or under State authority...
Page 406 - ... shall be construed to include any real estate, or any real estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will...