Reports of Cases in Law and Equity in the Supreme Court of the State of New YorkGould, Banks & Gould, 1863 - Law reports, digests, etc |
From inside the book
Results 1-5 of 65
Page 18
... creditor , which would survive to his executors or administrators , and is therefore assignable . Although the courts have always made a distinction , and held that the cause of action does not survive against the executor or ...
... creditor , which would survive to his executors or administrators , and is therefore assignable . Although the courts have always made a distinction , and held that the cause of action does not survive against the executor or ...
Page 21
... creditor was deprived of the satisfaction of his judgment by the neglect of the defendant's deputy . The law presumes damage in such a case , and the statute gives an action against the sheriff to recover it . ( 3 R. S. 5th ed . 739 ...
... creditor was deprived of the satisfaction of his judgment by the neglect of the defendant's deputy . The law presumes damage in such a case , and the statute gives an action against the sheriff to recover it . ( 3 R. S. 5th ed . 739 ...
Page 72
... creditor's bill . The creditor's bill was founded on a judg- ment for $ 12,613.17 , recovered in the superior court of the city of New York , against the said Asa Bigelow , jun . in favor of William Couch , and docketed in the office of ...
... creditor's bill . The creditor's bill was founded on a judg- ment for $ 12,613.17 , recovered in the superior court of the city of New York , against the said Asa Bigelow , jun . in favor of William Couch , and docketed in the office of ...
Page 108
... creditor , if he wishes to retain the liability of the guarantor , must without delay commence proceedings for its recovery , and it is only when he can show that all the remedies which the law gave him against the debtor had been ...
... creditor , if he wishes to retain the liability of the guarantor , must without delay commence proceedings for its recovery , and it is only when he can show that all the remedies which the law gave him against the debtor had been ...
Page 109
... creditor to collect the debt of the principal , on being requested by the surety to do so , unless it appears that the ... creditors would be thereby obtained , which the law does not favor , and which the court will not encourage . " In ...
... creditor to collect the debt of the principal , on being requested by the surety to do so , unless it appears that the ... creditors would be thereby obtained , which the law does not favor , and which the court will not encourage . " In ...
Other editions - View all
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.