Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volume 56Diossy, 1889 - Law reports, digests, etc |
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Results 1-5 of 88
Page 9
... claim . " De Buissierre v . Holladay , 4 Abb . N. C. 111 ; Hennequin v . Butterfield , 43 Super . Ct . 411 ; Oakville Co. v . Double Pointed Tack Co. , 105 N. Y. 659 ; L. I. Bank v . Boynton , 105 Ib . 656 . " When a party alleges a ...
... claim . " De Buissierre v . Holladay , 4 Abb . N. C. 111 ; Hennequin v . Butterfield , 43 Super . Ct . 411 ; Oakville Co. v . Double Pointed Tack Co. , 105 N. Y. 659 ; L. I. Bank v . Boynton , 105 Ib . 656 . " When a party alleges a ...
Page 12
... claim for equitable re- lief , other than such as had been set up in the original complaint . ( Case , folios 549 and 550. ) The court found , as a conclusion of law , that the bank received the sum of $ 11,971.14 , for the use of the ...
... claim for equitable re- lief , other than such as had been set up in the original complaint . ( Case , folios 549 and 550. ) The court found , as a conclusion of law , that the bank received the sum of $ 11,971.14 , for the use of the ...
Page 13
... claim for equitable relief on these grounds having failed , the question arises , on what find- ing of facts or evidence , the said conclusion of the court , in favor of the plaintiff , depends . It may be presumed to be on the claim of ...
... claim for equitable relief on these grounds having failed , the question arises , on what find- ing of facts or evidence , the said conclusion of the court , in favor of the plaintiff , depends . It may be presumed to be on the claim of ...
Page 15
... claim against the promisee in favor of such third party ; 2d . A liability of the promisor to the promisee ; and , 3d . An engagement by the promisor to the promisee to discharge his liability to the promisee by the payment or ...
... claim against the promisee in favor of such third party ; 2d . A liability of the promisor to the promisee ; and , 3d . An engagement by the promisor to the promisee to discharge his liability to the promisee by the payment or ...
Page 18
... claim to the benefit of the promise , or an equivalent from the promisee per- sonally . This was distinctly held in Vrooman v . Turner , 69 N. Y. 280. The court said that " in every case in which an action has been sustained there has ...
... claim to the benefit of the promise , or an equivalent from the promisee per- sonally . This was distinctly held in Vrooman v . Turner , 69 N. Y. 280. The court said that " in every case in which an action has been sustained there has ...
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Common terms and phrases
admeasurement adverse possession affirmed with costs agreement alleged amount appeal appellant Appellant's points argued assignment attorney authority Bank Barb cause of action cited Civil Procedure claim Clyde & Co coal complaint concurred contract contributory negligence corporation counsel for appellant court court of equity culm damages decree deed defendant demurrer dismiss easement entitled evidence execution executors facts fendant foreclosure FREEDMAN and TRUAX George W granted held injunction interest Jourdan judge judgment jurisdiction jury liability Marcella Marvin shaft Matsell Mayor ment Mickle mining mortgage motion negligence objection Opinion of Referee order denying owner party wall payment person plaint plaintiff plaintiff's land possession premises proceedings question recover referred respondent Respondent's points right of dower Secor SEDGWICK Starin Statement statute street sufficient Super sustained tax lease term testimony thereof tion trial trustees vacated verdict widow York Iron
Popular passages
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Page 204 - A widow shall be endowed of the third part of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage, unless she shall have lawfully released her right thereto.
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Page 142 - In that regard he had jurisdiction of the subject matter and of the person of the plaintiff, and his authority continued up to the time he assumed to pass sentence and to issue a commitment.
Page 370 - ... to bring the minds of the buyer and seller toan agreement for a sale, and the price and terms on which it is to be made, and until that is done his right to commissions does not accrue.
Page 459 - The rendition of a judgment is a Judicial act; its entry upon the record is merely ministerial. A Judgment is not what is entered, but what is ordered and considered.
Page 209 - An act, deed, or conveyance, executed or performed by the husband without the assent of his wife, evidenced by her acknowledgment thereof, in...
Page 291 - ... that during the possession of such property by the appellant, he will not commit, or suffer to be committed, any waste thereon, and that if the judgment be affirmed, he will pay the value of the use and occupation of the property, from the time of the appeal until the delivery of possession thereof, pursuant to the judgment...
Page 430 - The judgment should be reversed and a new trial had, with costs to abide the event.
Page 23 - 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...