Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volume 42Diossy, 1878 - Law reports, digests, etc |
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Page 7
... claims that , to maintain his action , it was unnecessary for him to make any tender whatever , of a deed of the Sixty - first street premises , for the reason , that performance by the defendants was a con- dition precedent , and that ...
... claims that , to maintain his action , it was unnecessary for him to make any tender whatever , of a deed of the Sixty - first street premises , for the reason , that performance by the defendants was a con- dition precedent , and that ...
Page 9
... claim for the rent sued for in the present action . At the trial , the jury , under the direction of the court , rendered a verdict for the plaintiff for the amount of a quarter's rent and interest . BY THE COURT . - CURTIS , Ch . J ...
... claim for the rent sued for in the present action . At the trial , the jury , under the direction of the court , rendered a verdict for the plaintiff for the amount of a quarter's rent and interest . BY THE COURT . - CURTIS , Ch . J ...
Page 10
... claim for rent by way of counter - claim against the present defendant Hexter , but this counter - claim was withdrawn during the trial , and was in no respect sub- mitted to , or passed upon by the court or jury . On the contrary , the ...
... claim for rent by way of counter - claim against the present defendant Hexter , but this counter - claim was withdrawn during the trial , and was in no respect sub- mitted to , or passed upon by the court or jury . On the contrary , the ...
Page 13
... claim from that estate , and to its liability for which no question was raised . It appears that this estate was insolvent . The defendant testified , that he did not order these plants or flowers , and that the only transaction he ever ...
... claim from that estate , and to its liability for which no question was raised . It appears that this estate was insolvent . The defendant testified , that he did not order these plants or flowers , and that the only transaction he ever ...
Page 14
... claim , if any , is against Mr. Cambreleng's estate , and has been already made against his estate . " Yours truly , " J. PYNE . " In answer to that note , the case admits that the plaintiff sent the following letter : " JOHN PYNE , ESQ ...
... claim , if any , is against Mr. Cambreleng's estate , and has been already made against his estate . " Yours truly , " J. PYNE . " In answer to that note , the case admits that the plaintiff sent the following letter : " JOHN PYNE , ESQ ...
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Common terms and phrases
agent agreed agreement alleged amount application assignment attorney Bank Barb bill of lading Cambreleng cargo cause of action charge claim complaint concurred contract counsel court of appeals creditors CURTIS damages debtor debts Decided deed DEFENDANT AND APPELLANT defendant's delivered denied effect entitled evidence exceptions execution fact favor fendant firm fraud FREEDMAN gold check held Hexter incompetent evidence interest issued John Winans judge judgment judgment debtor jury Lane lease liability lien ment mortgage motion negligence notice nulla bona Opinion owner paid parties partner payment person PLAINTIFF AND RESPONDENT Ponvert premises proof purchase question received recover referred refused rendered rent replevin request rule SANFORD SEDGWICK sheriff special term SPEIR Statement statute suit sureties sustained testified testimony therein thereof tiff tion transaction trial trial by jury trust usury verdict Wend Wikoff William H witness York
Popular passages
Page 171 - ... has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent...
Page 563 - An issue of law, in any action, and an issue of fact in an action not specified in the last section, or wherein provision for a trial by a jury is not expressly made by law, must be tried by the court, unless a reference or a jury trial is directed.
Page 487 - Any person holding office, whether by election or appointment, who shall, during his term of office, accept, hold or retain any other civil office of honor, trust or emolument, under the government of the United States...
Page 102 - Every person who has been convicted in any other state, government, or country, of an offense which, if committed within this state, would be punishable by the laws of this state by imprisonment in the state prison...
Page 559 - A certified copy of said order shall be delivered to the receiver named therein, and he shall be vested with the property and effects of the judgment debtor from the time of the filing and recording of the order as aforesaid. The receiver of the judgment debtor shall be subject to the direction and control of the court in which 'the judgment was obtained upon which the proceedings...
Page 370 - When the whole capital stock of a corporation shall not have been paid in, and the capital paid shall be insufficient to satisfy the claims of its creditors, each stockholder shall be bound to pay on each share held by him the sum necessary to complete the amount of such share, as fixed by the charter of the company or its certificate of incorporation, or such proportion of that sum as shall be required to satisfy the debts of the company.
Page 566 - 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 476 - A judgment is the final determination of the rights of the parties in the action or proceeding, and may be entered in term or vacation.
Page 562 - ... 1. By failing to appear at the trial. 2. By written consent, in person or by attorney, filed with the clerk. 3. By oral consent in open court, entered in the minutes, § 267.
Page 67 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...