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 36
... objection of the statute of frauds . 2. That it was a ratifi- cation of the act of his agent , by subsequent assent . The check having been dishonored by the bank , for want of funds , and H. the drawer being insolvent and having ...
... objection of the statute of frauds . 2. That it was a ratifi- cation of the act of his agent , by subsequent assent . The check having been dishonored by the bank , for want of funds , and H. the drawer being insolvent and having ...
Σελίδα 40
... objection now is , that as the plaintiff's agent gave a re- ceipt in full , for a worthless check , on settling the first suit , no subsequent action can be brought for the same cause . Although the receipt purported to be for " forty ...
... objection now is , that as the plaintiff's agent gave a re- ceipt in full , for a worthless check , on settling the first suit , no subsequent action can be brought for the same cause . Although the receipt purported to be for " forty ...
Σελίδα 65
... objection I think not well founded . Phinehas H. Buckley became partner and received a proportion- ate share of the profits , immediately after Townsend McCoun's death ; and until long after the death of his wife . And again , if this ...
... objection I think not well founded . Phinehas H. Buckley became partner and received a proportion- ate share of the profits , immediately after Townsend McCoun's death ; and until long after the death of his wife . And again , if this ...
Σελίδα 86
... objection that the case settled under the rules of court was no evidence of the facts in the cause before the court . Those facts were not proved , but were such as the parties had agreed on and the judge had settled . ( 2 Hill , 535 ...
... objection that the case settled under the rules of court was no evidence of the facts in the cause before the court . Those facts were not proved , but were such as the parties had agreed on and the judge had settled . ( 2 Hill , 535 ...
Σελίδα 89
... objection . On the first of April , 1841 , the defend- ant Robertson became a member of the concern as a partner , on the faith of this balance , thus acquiesced in . And on the 1st of January , 1842 , Mr. Wood died , and the defendant ...
... objection . On the first of April , 1841 , the defend- ant Robertson became a member of the concern as a partner , on the faith of this balance , thus acquiesced in . And on the 1st of January , 1842 , Mr. Wood died , and the defendant ...
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Συχνά εμφανιζόμενοι όροι και φράσεις
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.