Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Trial of Impeachments and Correction of Errors in the State of New-York, Volume 15Banks & Brothers, 1867 - Law reports, digests, etc |
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Results 1-5 of 71
Page 22
... defendants to send on the goods and earn their freight ; and being in default , by not deliv- ering the tobacco when ... defendant's pur- tenant , the deed was executed by both Charles and Jonathan . chasing it of him The demandant ...
... defendants to send on the goods and earn their freight ; and being in default , by not deliv- ering the tobacco when ... defendant's pur- tenant , the deed was executed by both Charles and Jonathan . chasing it of him The demandant ...
Page 35
... defendant's conduct , or that of his agents , is viewed . The jury might have given interest , by way of damages ; and the verdict being subject to the opin- ion of the Court , we are substituted in the place of the jury . If there was ...
... defendant's conduct , or that of his agents , is viewed . The jury might have given interest , by way of damages ; and the verdict being subject to the opin- ion of the Court , we are substituted in the place of the jury . If there was ...
Page 71
... defendant served tered upon the IN error , on certiorari to a justice's Court . The defendant in error brought an ... defendant's not appearing be- fore . The judgment must , therefore , be reversed on this ground , without noticing ...
... defendant served tered upon the IN error , on certiorari to a justice's Court . The defendant in error brought an ... defendant's not appearing be- fore . The judgment must , therefore , be reversed on this ground , without noticing ...
Page 79
... defendant to be con- cluded , because he cannot produce that evidence ? If he has lost the evidence , by lapse of ... defendant's title . No matter though they were released in severalty ; they were all founded on the validity of the ...
... defendant to be con- cluded , because he cannot produce that evidence ? If he has lost the evidence , by lapse of ... defendant's title . No matter though they were released in severalty ; they were all founded on the validity of the ...
Page 83
... defendant may avail himself of the acts of his co - tenants ; the partition commenced in 1769 , when the * whole tract was ... defendant's counsel , must have prevailed . Again ; if conquered from the Dutch , then the Dutch law must have ...
... defendant may avail himself of the acts of his co - tenants ; the partition commenced in 1769 , when the * whole tract was ... defendant's counsel , must have prevailed . Again ; if conquered from the Dutch , then the Dutch law must have ...
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Common terms and phrases
13 Johns admitted agent agreement ALBANY assignment assumpsit attorney August authority banking bill cargo cause was tried certiorari charter-party claim common law contract conveyance conveyed corporation counsel Court of Chancery covenant creditors Curiam debt declaration deed defendant defendant's delivered the opinion discharge dollars dower endorsed entitled evidence execution fact feme covert fendant fraud freight given granted grantor heirs Insurance issue Jackson January judgment jury justice justice's Court land lease legislature lessor ment mortgage NEW-YORK non-intercourse act notice objection overseers owner paid parties partners partnership pauper payment person Pittstown plaintiff in error plea pleaded possession premises principle proceedings proved purchaser question quo warranto received recover rent rule seisin sess sheriff statute statute of frauds suit tenant Term Rep tion town of Claverack trial trover usury Utica verdict vessel Vide void voyage Wendell's Rep wife witness writ
Popular passages
Page 301 - 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 229 - 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 406 - 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 339 - 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 333 - 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 201 - ... 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 93 - 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 286 - 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 298 - ... 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 359 - 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.