Reports of Cases in Law and Equity in the Supreme Court of the State of New YorkGould, Banks & Gould, 1862 - Law reports, digests, etc |
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Page 29
... evidence on the trial , from showing , in this action , that the agreement for a year had been so vacated ? The referee held as matter of law , that they were not . This was clearly right . This action was not brought for the same cause ...
... evidence on the trial , from showing , in this action , that the agreement for a year had been so vacated ? The referee held as matter of law , that they were not . This was clearly right . This action was not brought for the same cause ...
Page 37
... evidence , I must say that in my opinion those findings of facts were erroneous , and not warranted by the evidence . assignee any Bassett did It was for the defendants to show , affirmatively and satis- factorily , that the individual ...
... evidence , I must say that in my opinion those findings of facts were erroneous , and not warranted by the evidence . assignee any Bassett did It was for the defendants to show , affirmatively and satis- factorily , that the individual ...
Page 38
... evidence relating to these old debts or claims , and the interest of Bassett and Aborn individually in them . Does the evidence satisfactorily show that these old claims , or Bassett and Aborn's interest in them individually or ...
... evidence relating to these old debts or claims , and the interest of Bassett and Aborn individually in them . Does the evidence satisfactorily show that these old claims , or Bassett and Aborn's interest in them individually or ...
Page 84
... evidence than that of the subscribing witness , it is necessary to prove that the latter was not capable of being examined , as that he was dead , or incompetent to give evidence from insanity or infamy of character , or absence in a ...
... evidence than that of the subscribing witness , it is necessary to prove that the latter was not capable of being examined , as that he was dead , or incompetent to give evidence from insanity or infamy of character , or absence in a ...
Page 87
... evidence did not show that Knorr was a partner . The articles of co- partnership were admissible to prove a partnership . Where the members of a firm or any of them set up by way of defense that other persons than those sued were ...
... evidence did not show that Knorr was a partner . The articles of co- partnership were admissible to prove a partnership . Where the members of a firm or any of them set up by way of defense that other persons than those sued were ...
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Common terms and phrases
adverse possession affirmed agent agreement alleged amount appeal applied assignment authority Barb bill bills of exchange bond and mortgage canals cause of action charge claim complaint contract court creditors damages debt deceased deed defendant defendant's counsel delivered demurrer devise Disosway entitled evidence execution executor fact fendant fraud fund grant ground heirs held indorsed intended interest Irving Bank Jabez Jane Coope judge judgment jury justice land legislature liable lien mandamus ment mortgage N. Y. Rep owner paid parties partnership payment plaintiff possession premises proceedings provisions purchase question Rail Road Company real estate received recover referee refused ringbones rule sell Seventh Ward sold special term statute statute of frauds street suit testator thereof tiff tion transaction trial trust usurious valid vendor verdict void warranty Wend William Kent YORK GENERAL TERM
Popular passages
Page 647 - THE righteous perisheth, and no man layeth it to heart: And merciful men are taken away, none considering That the righteous is taken away from the evil to come.
Page 652 - That hangs his head, and a' that! The coward slave, we pass him by, We dare be poor for a' that! For a' that, and a' that, Our toils obscure, and a' that; The rank is but the guinea's stamp, The Man's the gowd for a
Page 658 - Look on its broken arch, its ruin'd wall, Its chambers desolate, and portals foul : Yes, this was once Ambition's airy hall, The dome of Thought, the palace of the Soul: Behold through each lack-lustre, eyeless hole, The gay recess of Wisdom and of Wit And Passion's host, that never brook'd control : Can all saint, sage, or sophist ever writ, People this lonely tower, this tenement refit ? VII. Well didst thou speak, Athena's wisest son ! "All that we know is, nothing can be known.
Page 529 - For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only: 1.
Page 174 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either— 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2.
Page 275 - ... that an agent employed to sell cannot make himself the purchaser, nor, if employed to purchase, can he be himself the seller.
Page 481 - ... specifying its width and location, courses and distances, and the names of the owners and occupants of the land through which it is proposed to be laid out.
Page 122 - Whenever the act done takes effect as. to some purposes, and is void as to persons who have an interest in impeaching it, the act is not a nullity, and therefore, in a legal sense, is not utterly void, but merely voidable.
Page 132 - The legislature shall not sell, lease, or otherwise dispose of any of the canals of the state ; but they shall remain the property of the state and under its management forever.
Page 625 - Upon this ground, therefore, as well as that before considered, the judgment of the Supreme Court must be reversed; and there must be a new trial, with costs to abide the event.