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admitted agent agreement ALBANY appear assignment assumpsit attorney authority banking bill cargo cause was tried certiorari charter-party claim common law Company contract conveyance conveyed corporation counsel Court of Chancery covenant creditors Curiam damages debt debtor declaration deed defendant defendant's delivered the opinion discharge dollars dower Eakin endorsed enemy entitled evidence execution fact feme covert fendant fraud freight given granted grantor heirs husband issue Jackson judgment jury justice justice's Court land lease legislature lessor ment mortgage New-York non-intercourse act notice objection overseers owner paid parties partner partnership pauper payment person Pittstown plaintiff in error Plattsburgh plea pleaded possession premises principle proceedings proved purchaser question quo warranto received recover rent rule seisin sess sheriff statute statute of frauds suit Term Rep tion town of Claverack trespass trial trover usurious Utica verdict vessel Vide void voyage wife witness writ
Page 299 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 227 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone — when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth.
Page 404 - All actions for which no other period of limitation is prescribed shall be commenced within six years next after the cause of such action.
Page 337 - Johns. 336) will warrant and support this plea. We there say a mere delay in calling on the principal will not discharge the surety.
Page 331 - That no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 199 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Page 89 - Such parts of the common law, and of the acts of the Legislature of the Colony of New York, as together did form the law of the said Colony, on the nineteenth day of April, one...
Page 284 - It enacted that from and after the passing of this act, no person unauthorized by law should subscribe to or become a member of any association, institution or company, or proprietor of any bank or fund for the purpose of issuing notes, receiving deposits, making discounts or transacting any other business which incorporated banks may or do transact by virtue of their respective acts of incorporation...
Page 296 - ... can be discovered it ought to be followed, with reason and discretion, in the construction of the statute, although such construction seem contrary to the letter of the statute.
Page 357 - The seisin of the husband for a transitory instant only, when the same act which gives him the estate conveys it also out of him again (as where by a fine, land is granted to a man, and he immediately renders it back by the same fine), such a seisin will not entitle the wife to dower: for the land was merely in transitu, and never rested in the husband, the grant and render being one continued act.