Reports of Cases in Law and Equity in the Supreme Court of the State of New YorkGould, Banks & Gould, 1863 - Law reports, digests, etc |
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Page 13
... application for leave to amend was made , and certainly it is not the duty of the court to suggest amend- ments which may affect the substantial rights of the adverse party . Nevertheless the plaintiff now claims that the evi- dence he ...
... application for leave to amend was made , and certainly it is not the duty of the court to suggest amend- ments which may affect the substantial rights of the adverse party . Nevertheless the plaintiff now claims that the evi- dence he ...
Page 17
... apply where the injury does not proceed from any such propensity ; for it is only of its existence that the savage and ferocious nature of the animal can be regarded as notice . In this case the injury resulted not from the act of the ...
... apply where the injury does not proceed from any such propensity ; for it is only of its existence that the savage and ferocious nature of the animal can be regarded as notice . In this case the injury resulted not from the act of the ...
Page 59
... application to this case . In the case of Potter v . Luther , ( 3 id . 431 , ) the de- fendant was sued in trespass de bonis asportatis ; he pleaded that he was deputy sheriff , and that he took the goods by virtue of a fieri facias ...
... application to this case . In the case of Potter v . Luther , ( 3 id . 431 , ) the de- fendant was sued in trespass de bonis asportatis ; he pleaded that he was deputy sheriff , and that he took the goods by virtue of a fieri facias ...
Page 73
... apply to the subsequent steps by which that right became perfect . The same distinction was taken in Striker v . Kelly , ( 2 Denio , 323 , ) viz : that the lease was not evidence of the authority to sell , although it was of the ...
... apply to the subsequent steps by which that right became perfect . The same distinction was taken in Striker v . Kelly , ( 2 Denio , 323 , ) viz : that the lease was not evidence of the authority to sell , although it was of the ...
Page 74
... apply only to sales for taxes , and are not appli- cable to sales for assessments , and therefore do not affect this case . The objection to the sale that the proper affidavits were not made by the collector previous to the passage of ...
... apply only to sales for taxes , and are not appli- cable to sales for assessments , and therefore do not affect this case . The objection to the sale that the proper affidavits were not made by the collector previous to the passage of ...
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Common terms and phrases
agent agreement alleged amount appeal assessment assignment attorney authority Barb Benjamin F bond and mortgage cause of action certificates charge charter claim common law complaint contract conveyance corporation counsel court court of chancery court of equity covenant creditors damages Daniel Wood debt deed defendant defendant's directors election entitled equity evidence execution executors facts fendant fraud fraudulent granted ground guaranty Haven Rail Road held indorsed Insurance Company interest issued judge judgment jury justice land legacies liable Mali ment molasses mortgage N. Y. Rep nonsuit owner paid party payment person pier plaintiff possession premises proceedings proof proved provisions purchase question real estate received recover referee referred refusal rule Schuyler sheriff Silas Wood sold statute statute of frauds stockholders sustained term testator thereof tiff tion transfer trial trustees Ulrici valid void warrant Wend witness York
Popular passages
Page 238 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Page 561 - Bank of Augusta v. Earle, 13 Pet. 519, 588, Chief Justice Taney said : " It is very true that a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. It exists only in contemplation of law, and by force of the law ; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Page 52 - State« to call forth such number of the militia of the state or states most convenient to the place of danger, or scene of action, as he may judge necessary to repel such invasion...
Page 421 - Until the judgment against the defendant shall be paid, the sheriff may proceed to collect the notes and other evidences of debt, and the debts that may have been seized or attached, under the warrant of attachment, and to prosecute any bond he may have taken in the course of such proceedings, and apply the proceeds thereof to the payment of the judgment.
Page 189 - The rule of equity is, in every code of jurisprudence with which we are acquainted, that a purchase by a trustee or agent of the particular property of which he has the sale, or in which he represents another, whether he has an interest in it or not, per interposition personan carries fraud on the face of it.
Page 53 - It is a general and sound principle that whenever the law vests any person with a power to do an act, and constitutes him a judge of the evidence on which the act may be done, and. at the same time, contemplates that the act is to be carried into effect through the instrumentality of agents, the person thus clothed with power is invested with discretion, and is, quoad hoc, a judge.
Page 595 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
Page 564 - In the silence of any positive rule, affirming, or denying, or restraining the operation of foreign laws, courts of justice presume the tacit adoption of them by their own government, unless they are repugnant to its policy, or prejudicial to its interests.
Page 233 - The true definition of a broker seems to be that he is an agent, employed to make bargains and contracts between other persons in matters of trade, commerce, or navigation, for a compensation, commonly called 'brokerage.
Page 121 - ... ordered to be heard, in the first instance, at the general term : Before argument, twenty dollars.