Reports of Cases in Law and Equity in the Supreme Court of the State of New YorkGould, Banks & Gould, 1852 |
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Σελίδα 22
... intent of the parties ; especially in a case where the defense has nothing to commend it . None of the dangers against which the statute of frauds was designed to guide could arise here . The plaintiffs make no attempt to produce parol ...
... intent of the parties ; especially in a case where the defense has nothing to commend it . None of the dangers against which the statute of frauds was designed to guide could arise here . The plaintiffs make no attempt to produce parol ...
Σελίδα 46
... intentions of the parties may more fully now and hereafter be understood , we hereby mutually and severally covenant and agree with each other , for ourselves , our heirs , ex- ecutors , administrators and assigns , that we will hold ...
... intentions of the parties may more fully now and hereafter be understood , we hereby mutually and severally covenant and agree with each other , for ourselves , our heirs , ex- ecutors , administrators and assigns , that we will hold ...
Σελίδα 64
... intent of the will , Walker v . Sherman applies . But I do not think it necessary to rest the case upon that ground . The plaintiff claims as grantee or vendee of Phinehas H. Buckley , the husband of Phebe Buckley . If this property was ...
... intent of the will , Walker v . Sherman applies . But I do not think it necessary to rest the case upon that ground . The plaintiff claims as grantee or vendee of Phinehas H. Buckley , the husband of Phebe Buckley . If this property was ...
Σελίδα 71
... intent , the quality of personal estate ; and in the case of Fereday v . Wightwick , I had no intention to confine the principle to the payment of partnership demands . Ld . Eldon has certainly , upon several occasions , expressed such ...
... intent , the quality of personal estate ; and in the case of Fereday v . Wightwick , I had no intention to confine the principle to the payment of partnership demands . Ld . Eldon has certainly , upon several occasions , expressed such ...
Σελίδα 85
... intent ; and that intent onght at least to be charged , and confessed or proved . The court ought not to undertake gratuitously to deduce such intention , when the case is susceptible of another and better construction . " In the case ...
... intent ; and that intent onght at least to be charged , and confessed or proved . The court ought not to undertake gratuitously to deduce such intention , when the case is susceptible of another and better construction . " In the case ...
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agreement alledged amount appear applied assignment authority bank bill bond Buckley canal cause of action charge claim complaint consideration contract county court court of chancery court of equity Cowen creditors damages debt debtor decision declaration decree deed defendant defendant's delivered demurrer discharge dower entitled equity evidence execution executor facts fee simple fendant freehold given guaranty Hardenburgh heir held highway horse indorsed interest John judge judgment jurisdiction jury justice Kissam land liable ment mortgage New-York nonsuit notice objection owner paid Paige parties partnership payment person plaintiff plaintiff in error possession premises proceedings promissory note proof proved purchase question real estate received recover referee remainderman replevin road rule Saratoga and Washington sell sheriff sold statute suit surety tenant TERM testator thereof Thomas Reid tiff tion trespass trial trustees usury verdict Washington Railroad Wend William Kent witness
Δημοφιλή αποσπάσματα
Σελίδα 518 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Σελίδα 665 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Σελίδα 15 - In the following cases every agreement shall be void unless such agreement, or some note or memorandum thereof, be in writing and subscribed by the party to be charged therewith : 1 . Every agreement that, by its terms, is not to be performed within one year from the making thereof.
Σελίδα 449 - When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.
Σελίδα 255 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.
Σελίδα 519 - Where the question is one of a common or general interest of many persons, or the parties are very numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Σελίδα 407 - The provisions of the preceding: fifty-first section shall not extend to cases where the alienee named in the conveyance, shall have taken the same as an absolute conveyance, in his own name, without the consent or knowledge of the person paying the consideration, or where such alienee, in violation of some trust, shall have purchased the lands so conveyed, with moneys belonging to another person.
Σελίδα 97 - That in all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day and inclusively of the last day...
Σελίδα 149 - It would be inconvenient," says Lord Coke, " that matters in writing made by advice and on consideration, and which finally import the certain truth of the agreement of the parties, should be controlled by averment of the parties to be proved by the uncertain testimony of slippery memory.
Σελίδα 394 - ... if the lord who distrains for rent, or the owner for damage-feasant, works or kills the distress; or if he who enters to see waste breaks the house, or stays there all night; or if the commoner cuts down a tree, in these, and the like cases, the law adjudges that he entered for that purpose; and because the act which demonstrates it is a trespass, he shall be a trespasser ab initio, as it appears in all the said books.