Reports of Cases Argued and Determined in the Court of Chancery And, on Appeal, in the Court of Errors and Appeals of the State of New Jersey, Volume 1Phillips and Boswell, 1860 - Equity |
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Page 37
Mercer Beasley. Hill v . Beach . tion , and there was no other party to the suit who ap- peared in those proceedings to have any interest in the property . If the complainant had taken the money out of court , he would have held it , as ...
Mercer Beasley. Hill v . Beach . tion , and there was no other party to the suit who ap- peared in those proceedings to have any interest in the property . If the complainant had taken the money out of court , he would have held it , as ...
Page 39
... tion of the residue or balance of the account . That this is so at law appears from two cases , 2 Lord Raymond 871 , and Heydon v . Heydon , Sal . 392 , where it was held , that judgment and execution against one partner , for his se ...
... tion of the residue or balance of the account . That this is so at law appears from two cases , 2 Lord Raymond 871 , and Heydon v . Heydon , Sal . 392 , where it was held , that judgment and execution against one partner , for his se ...
Page 51
... tion . Held , that the conveyance was void as against complainant , the payee of the note . The defendant's denial , in his answer , of any intent to defraud his creditor , can avail nothing in view of the circumstances under which the ...
... tion . Held , that the conveyance was void as against complainant , the payee of the note . The defendant's denial , in his answer , of any intent to defraud his creditor , can avail nothing in view of the circumstances under which the ...
Page 52
... tion . E. W. Scudder , for complainant . James S. Green , for defendants . THE CHANCELLOR . However much I may regret that one of the defendants , who is a widow , should be de- prived of the only property she has for the support of ...
... tion . E. W. Scudder , for complainant . James S. Green , for defendants . THE CHANCELLOR . However much I may regret that one of the defendants , who is a widow , should be de- prived of the only property she has for the support of ...
Page 60
... tion Fisher occupied towards him , it was not right or cre- ditable in the complainants to buy up a lawsuit with the defendants . Although there is no direct evidence of the fact , there is enough in the case to show that it was well ...
... tion Fisher occupied towards him , it was not right or cre- ditable in the complainants to buy up a lawsuit with the defendants . Although there is no direct evidence of the fact , there is enough in the case to show that it was well ...
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Common terms and phrases
administrator admitted agreed agreement alleged amount answer appears assignment Belleville benefit bill bona fide purchaser Canal and Banking Chancellor charged charter claim Colton complainant complainant's contract conveyance conveyed Cooper and Emmons counsel Court of Chancery court of equity covenants creditors Daniel Holmes debt debtor decree deed defendants delivered denied discharged East Newark Company Edsall encumbrance entitled evidence executed fact fendants filed Franklinite fraud fraudulent fund Gerrit Smith ground Hamburgh Manufacturing heirs held Hudson street injunction interest Jersey City John judgment land legacies lien Lodi Long Dock Company Mallery matter ment Morris Canal mort mortgage mortgagor Myers notes opinion paid parties payment plainant possession premises proceedings promissory notes purchase money purpose question received relief Rennie Schenck sell Smith sold statute suit testator thereof Thomas Fleming thousand dollars tion Trustees of East Urquhart valid Vreeland wife
Popular passages
Page 88 - Every mortgage, or conveyance intended to operate as a mortgage, of goods and chattels hereafter made, which shall not be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof, shall be filed as directed in the succeeding section of this act.
Page 26 - ... debt ; the latter has a right in equity to compel the former to resort to the other fund, in the first instance for satisfaction...
Page 88 - ... if a resident of this state, shall reside at the time of the execution thereof; and if not a resident, then in the city or town where the property so mortgaged shall be at the time of the execution of such instrument.
Page 467 - If we advert to the cases on the subject, we shall find that trusts are enforced, not only against those persons who are rightfully possessed of trust property, as trustees, but also against all persons who come into possession of the property bound by the trust, with notice of the trust.
Page 389 - The courts do not undertake to relieve parties from their acts and deeds fairly done on a full knowledge of facts, though under a mistake of the law. Every man is to be charged, at his peril, with a knowledge of the law. There is no other principle which is safe and practicable in the common intercourse of mankind.
Page 17 - The deed purports to secure a debt of £30,000, due to all the mortgagees. It was really intended to secure different sums, due at the time to particular mortgagees, advances afterwards to be made and liabilities to be incurred to an uncertain amount.
Page 170 - So, if both parties should be ignorant of a matter of law, and should enter into a contract for a particular object, the result whereof would, by law, be different from what they mutually intended; here, on account of the surprise, or immediate result of the mistake of both, there can be no...
Page 283 - It may be natural, as where it is made by the natural flow of the water caused by the general superficies of the surrounding land from which the water is collected into one channel : or it may be artificial, as in case of a ditch or other artificial means used to divert...
Page 435 - Now, therefore, this Indenture witnesseth, that the said party of the first part, in consideration of the premises, and of...
Page 289 - But the acts or omissions must be such as to endanger the trust property or to show a want of honesty, or a want of proper capacity to execute the duties, or a want of reasonable fidelity.