Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volume 39Diossy, 1875 - Law reports, digests, etc |
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Page 3
... constituting a defense or partial defense must be pleaded ( McKyring v . Bull , 16 N. Y. 297 ) , and hence the objection that a contract which is fair upon its face , is illegal or contrary to pub- lic policy , must be taken by answer ...
... constituting a defense or partial defense must be pleaded ( McKyring v . Bull , 16 N. Y. 297 ) , and hence the objection that a contract which is fair upon its face , is illegal or contrary to pub- lic policy , must be taken by answer ...
Page 10
... constitute a cause of action ( Code § 148 ) . It is also insisted that the court overlooked the fact that the defendants demurring were not only directors , but also holders of common stock . This suggestion is equally unavailable . If ...
... constitute a cause of action ( Code § 148 ) . It is also insisted that the court overlooked the fact that the defendants demurring were not only directors , but also holders of common stock . This suggestion is equally unavailable . If ...
Page 12
... constituting the firm of Samuel Ray- nor & Co. , complained as follows : " That on or about the 11th day of January , in the year 1870 , at the City of New York , the defendant made his certain promissory note in writing , bearing that ...
... constituting the firm of Samuel Ray- nor & Co. , complained as follows : " That on or about the 11th day of January , in the year 1870 , at the City of New York , the defendant made his certain promissory note in writing , bearing that ...
Page 17
... constitute the plaintiffs mere assignees , who , as such , hold the note subject to the equities existing between Perkins and the defendant . The remaining objections and exceptions contained in the case have not been alluded to in the ...
... constitute the plaintiffs mere assignees , who , as such , hold the note subject to the equities existing between Perkins and the defendant . The remaining objections and exceptions contained in the case have not been alluded to in the ...
Page 18
... constitute a good defense in favor of the maker . 2. EVIDENCE , WHAT SUFFICIENT TO CARRY A CASE TO THE JURY ON SUCH FACTS . 1. Where there was evidence to the effect that plaintiffs having a claim against A. ( the father ) , requested ...
... constitute a good defense in favor of the maker . 2. EVIDENCE , WHAT SUFFICIENT TO CARRY A CASE TO THE JURY ON SUCH FACTS . 1. Where there was evidence to the effect that plaintiffs having a claim against A. ( the father ) , requested ...
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Common terms and phrases
acceptance adultery affirmed agent agreed agreement alleged amount answer assessment assignment attorney Barb bonds cause of action cents charge claim complaint concurred constitute contract costs counsel court of appeals court of equity covenant Cow Bay damages debtor Decided decision deed defendant defendant's delivered delivery demurrer denied effect entered entitled equity evidence execution fact February 24 fendants firm five thousand dollars fraud FREEDMAN Glace Bay ground held holder insured issue judgment judgment debtor jurisdiction jury Ketcham land learned judge lease levy liable lien ment MONELL mortgage motion negligence notice O'Brien Opinion owner paid parties payment person plaintiff possession premises proceedings purchase question reason recover reference respondent SEDGWICK sheriff special term Statement statute statute of frauds sureties thereof tiff tion trade-mark trial trial by jury trustee verdict Wend York
Popular passages
Page 380 - Reason and justice seem to prescribe that, at least as a general rule, where a man, by gift or purchase, acquires property from another, with knowledge of a previous contract, lawfully and for valuable consideration made by him with a third person, to use and employ the property for a particular purpose in a specified manner, the acquirer shall not, to the material damage of the third person, in opposition to the contract and inconsistently with it, use and employ the property in a manner not allowable...
Page 387 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Page 300 - A trial is a judicial examination of the issues, whether of law or of fact, in an action or proceeding!
Page 171 - An act, deed, or conveyance, executed or performed by the husband without the assent of his wife, evidenced by her acknowledgment thereof, in...
Page 105 - ... diligence which persons of common prudence are accustomed to use about their own business and affairs. Story, Ag. § 183. For a loss to his principal from neglect of these duties he is liable.
Page 461 - It is undoubtedly settled law that a judgment of a court of competent jurisdiction upon a question directly involved in one suit is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit. If there be any uncertainty...
Page 233 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Page 228 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Page 274 - Upon the trial of a question of fact by the court, its decision shall be given in writing, and shall contain a statement of the facts found and the conclusions of law, separately...
Page 202 - Should the Owner, at any time during the progress of the said Building request any alteration, deviation, additions or omissions from the said contract, he shall be at liberty to do so, and the same shall in no way affect or make void the contract, but will be added to or deducted from the amount of the contract, as the case may be, by a fair and reasonable valuation.