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
... matter 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 ...
... matter 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 ...
Page 10
... matter , or of the questions . involved , but that the defendants could do nothing , nor could they be compelled by judicial sentence to do anything , which would give to the plaintiff the divi- dends he claimed , and that , therefore ...
... matter , or of the questions . involved , but that the defendants could do nothing , nor could they be compelled by judicial sentence to do anything , which would give to the plaintiff the divi- dends he claimed , and that , therefore ...
Page 19
... matter of form , ' and then I came to that conclusion ; I did not suppose there was any- thing wrong , and I drew the note ; I was never called upon by Mr. Nesbit to pay the note , although I saw him frequently after it became due ; I ...
... matter of form , ' and then I came to that conclusion ; I did not suppose there was any- thing wrong , and I drew the note ; I was never called upon by Mr. Nesbit to pay the note , although I saw him frequently after it became due ; I ...
Page 20
... matter of form for their accommodation . " On re - direct examination , he testified : " I had known Mr. Nesbit all my life ; he was very intimate with my father ; whatever they said to me I believed ; I had great confidence in them ...
... matter of form for their accommodation . " On re - direct examination , he testified : " I had known Mr. Nesbit all my life ; he was very intimate with my father ; whatever they said to me I believed ; I had great confidence in them ...
Page 21
... matter of form ; Mr. Nesbit can not raise the money on my notes , and when they come due I will pay them ; he can not raise money on my notes and wants to raise it on yours . I told my boy , in Nesbit's presence , that it was a mere matter ...
... matter of form ; Mr. Nesbit can not raise the money on my notes , and when they come due I will pay them ; he can not raise money on my notes and wants to raise it on yours . I told my boy , in Nesbit's presence , that it was a mere matter ...
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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.