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 100
Page 23
... given against the sheriff by statute , " at the suit of any party aggrieved , for the damages sustained by him . " This means pecuniary damages . Hence , if it should be made to appear that satisfaction in that form alone could be of no ...
... given against the sheriff by statute , " at the suit of any party aggrieved , for the damages sustained by him . " This means pecuniary damages . Hence , if it should be made to appear that satisfaction in that form alone could be of no ...
Page 24
... given by a dif- ferent statute . In Rawson v . Dole , ( supra , ) which was an action of debt for an escape of a debtor in custody on a ca. sa . , Spencer , J. , who delivered the opinion of the court , says : " If an action on the case ...
... given by a dif- ferent statute . In Rawson v . Dole , ( supra , ) which was an action of debt for an escape of a debtor in custody on a ca. sa . , Spencer , J. , who delivered the opinion of the court , says : " If an action on the case ...
Page 37
... given , for disregarding it in the determination of the case . But supposing I am mistaken in this view , did not the de- fendants prove themselves trustees de jure by other proof given on the trial ? As to Spooner the proof was clear ...
... given , for disregarding it in the determination of the case . But supposing I am mistaken in this view , did not the de- fendants prove themselves trustees de jure by other proof given on the trial ? As to Spooner the proof was clear ...
Page 40
... given case . It would be intolerably oppressive to place the constable in the dilemma of subjecting himself to a griev- ous penalty if he refuses , or of being prosecuted for trespass if he accept . " The testimony to impeach the ...
... given case . It would be intolerably oppressive to place the constable in the dilemma of subjecting himself to a griev- ous penalty if he refuses , or of being prosecuted for trespass if he accept . " The testimony to impeach the ...
Page 51
... given , the plaintiff cannot recover in this action . The statute has made it the duty of the trustees of school districts , and conferred upon them the power , to call special meetings of the inhabitants of the dis- trict liable to pay ...
... given , the plaintiff cannot recover in this action . The statute has made it the duty of the trustees of school districts , and conferred upon them the power , to call special meetings of the inhabitants of the dis- trict liable to pay ...
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.