Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volume 3Gould, Banks & Gould, 1849 - Law reports, digests, etc |
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Page 14
... contract which exists between the prior parties to the bill or note , as amongst themselves . The contracts are not the same , but dif- ferent . It is obvious , from the seventh section of the act , that the legislature could not have ...
... contract which exists between the prior parties to the bill or note , as amongst themselves . The contracts are not the same , but dif- ferent . It is obvious , from the seventh section of the act , that the legislature could not have ...
Page 16
... Contracts , 443 to 448. ) As to the liability of sureties , & c . see Dennis v . Rider , ( 2 McLean , 451. ) The ... contract which the law implies between principal and surety , is different from that raised between the maker and ...
... Contracts , 443 to 448. ) As to the liability of sureties , & c . see Dennis v . Rider , ( 2 McLean , 451. ) The ... contract which the law implies between principal and surety , is different from that raised between the maker and ...
Page 39
... contract , or due upon contract , express or implied , or for the recov- ery of any damages for the non - performance of any contract . " If , then , the judgment on which the ca. sa . issued was recovered in an action founded on a ...
... contract , or due upon contract , express or implied , or for the recov- ery of any damages for the non - performance of any contract . " If , then , the judgment on which the ca. sa . issued was recovered in an action founded on a ...
Page 42
... contract , at the time of the assign- ment thereof , and belonging to the defendant in good faith before notice of such assignment , may be set off , to the amount of the plaintiff's debt , if the demand be such as might have been set ...
... contract , at the time of the assign- ment thereof , and belonging to the defendant in good faith before notice of such assignment , may be set off , to the amount of the plaintiff's debt , if the demand be such as might have been set ...
Page 50
... contract omits all mention of interest , the purchaser is not entitled to a specific performance of such contract , but the vendor has a right to have the same reformed , and the mistake corrected . As a general rule , a mistake of the ...
... contract omits all mention of interest , the purchaser is not entitled to a specific performance of such contract , but the vendor has a right to have the same reformed , and the mistake corrected . As a general rule , a mistake of the ...
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Common terms and phrases
acres action affidavit alleged amount Anken assignment assumpsit attorney authority bill Binninger bona fide purchasers bond cause certiorari charge circuit judge claim commissioner common law common pleas contract conveyance conveyed counsel court of chancery court of equity covenant Cowen creditor damages dant debt debtor decision declaration decree deed defendant defendant's demurrer detinue discharge endorser entitled equity evidence execution fact filed fraud ground held Hill interest issue James Brown John judgment jurisdiction jury justice land liable lien ment mortgage motion New-York nonsuit notice objection officer owner oyer and terminer paid Paige parties payment person plaintiff in error pleaded possession premises proceedings proof proved provision purchase money question recover referred replevin rule scire facias sheriff sold statute suit supreme court surety tenant TERM testator testimony thereof tion Towanda Bank trial trust verdict void warrant Wend witness
Popular passages
Page 198 - ... a resident of the county and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at- such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people...
Page 173 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 198 - Every male citizen of the age of twentyone years who shall have been a citizen for ten days and an inhabitant of this State one year next preceding an election, and for the last four months a resident of the county and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at such election in the election, district of which he shall at the time be a resident, and not elsewhere...
Page 10 - Where the trial of an issue of fact shall require the examination of a long account on either side ; in which case the referees may be directed to hear and decide the whole issue, or to report , upon any specific question of fact involved therein ; or, 2.
Page 336 - April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered; and such acts of the Legislature of this State as are now in force, shall be and continue the law of this State, subject to such alterations as the Legislature shall make concerning the same.
Page 334 - 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.
Page 345 - He must, either by serving process, publishing notice, appointing a guardian, or in some other way, be brought into Court, and, if judgment is rendered against him before that is done, the proceeding will be as utterly void as though the Court had undertaken to act where the subject matter was not within its cognizance.
Page 249 - ... to plead the general issue, and give the special matter in evidence...
Page 352 - In all cases where a man has a temporal loss or damage by the wrong of another, he may have an action upon the case to be repaired in damages.
Page 104 - Whenever a certified copy of any affidavit, record, document or paper, is declared by law to be evidence, such copy shall be certified by the clerk or officer in whose custody the same is by law required to be, to have been compared by him with the original, and to be a correct transcript therefrom...