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 11
... recover upon any equity as between himself and his lessee , and it is not necessary to consider their respective rights , legal or equita- ble , as against each other . There is no claim made that the transaction between the plaintiff ...
... recover upon any equity as between himself and his lessee , and it is not necessary to consider their respective rights , legal or equita- ble , as against each other . There is no claim made that the transaction between the plaintiff ...
Page 16
... recover against the defendants , jointly , $ 55 , as pew rent on an assessment upon pew No. 18 in the plaintiffs ' church , valued on making the assessment at $ 275 . The action was tried before ALLEN , J. and a jury , at the Onondaga ...
... recover against the defendants , jointly , $ 55 , as pew rent on an assessment upon pew No. 18 in the plaintiffs ' church , valued on making the assessment at $ 275 . The action was tried before ALLEN , J. and a jury , at the Onondaga ...
Page 30
... recover in that action ; it would not have been neces- sary for the plaintiff to go out of his case and prove a negative . The allegation , in the complaint in the former action , that the defendants had refused to pay the plaintiff for ...
... recover in that action ; it would not have been neces- sary for the plaintiff to go out of his case and prove a negative . The allegation , in the complaint in the former action , that the defendants had refused to pay the plaintiff for ...
Page 41
... recover from the defendants , as owners of a certain rail road car , a penalty of $ 50 for running it below 125th street without a certificate of license , according to an ordinance of the common council requiring every passenger rail ...
... recover from the defendants , as owners of a certain rail road car , a penalty of $ 50 for running it below 125th street without a certificate of license , according to an ordinance of the common council requiring every passenger rail ...
Page 50
... recover in this action must rest exclusively upon the terms and conditions of the written contract ; and as I agree with Judge Clerke in his construction of the written contract , I also concur in the conclusion to which he has arrived ...
... recover in this action must rest exclusively upon the terms and conditions of the written contract ; and as I agree with Judge Clerke in his construction of the written contract , I also concur in the conclusion to which he has arrived ...
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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 debtor deceased deed defendant defendant's counsel delivered 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 ment mortgage N. Y. Rep owner paid parties partnership payment plaintiff possession premises proceedings promissory note 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.