Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York, Volume 2; Volume 20Banks & brothers, 1860 - Law reports, digests, etc |
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Page 5
... unless it were shown by a written agreement under seal , and the objection was sustained . The justice having rendered judgment for the plaintiff , the defendant appealed . H.D. Birdsall , for the appellant . G. & T. Stevenson , for the ...
... unless it were shown by a written agreement under seal , and the objection was sustained . The justice having rendered judgment for the plaintiff , the defendant appealed . H.D. Birdsall , for the appellant . G. & T. Stevenson , for the ...
Page 23
... unless specially agreed to the contrary . " Either of these conditions exempts the defendants from all liability for the decay . 3. The only liability there can be of the defendants is for the delay , if any , over the contract time ...
... unless specially agreed to the contrary . " Either of these conditions exempts the defendants from all liability for the decay . 3. The only liability there can be of the defendants is for the delay , if any , over the contract time ...
Page 33
... unless he has providel against it by express stipulation . Angell on Carriers , § 294 . On such a contract , no cause of delay can be pleaded except it has been distinctly reserved and named in the contract . The causes provided against ...
... unless he has providel against it by express stipulation . Angell on Carriers , § 294 . On such a contract , no cause of delay can be pleaded except it has been distinctly reserved and named in the contract . The causes provided against ...
Page 56
... unless upon separate mortgages . Held , I. That B. had performed his service , and was entitled to his commission for procur- ing the loan . II . That it was immaterial that B. acted in the matter through an agent - the latter having ...
... unless upon separate mortgages . Held , I. That B. had performed his service , and was entitled to his commission for procur- ing the loan . II . That it was immaterial that B. acted in the matter through an agent - the latter having ...
Page 57
... unless the loan was in two mortgages . In consequence of which the defendant said there must be separate mortgages , and Turner , who had the money , would not loan it except upon one bond and mortgage . In all this there was no ...
... unless the loan was in two mortgages . In consequence of which the defendant said there must be separate mortgages , and Turner , who had the money , would not loan it except upon one bond and mortgage . In all this there was no ...
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Common terms and phrases
action was brought affidavit agreed agreement alleged amount answer applied assignment attorney averment Barb bill BRADY building cash cause of action charge claim Code common carrier complaint consignee contract contractor costs court of equity creditors DALY damages debt defendant defendant appealed defendant's delivered delivery demand demurrer Denio District Court E. D. Smith Eighth Avenue Railroad entitled erected evidence execution facts favor fendant given ground held hemp HILTON injury John John Snook judge Judge HILTON jurisdiction jury justice lease liable lien Marine Court Mayor ment motion Naylor negligence notice objection opinion owner paid party payment person plaintiff pleadings possession premises proceedings promissory note proof purchase question received referred refused rendered rent respect respondent set-off sold special term statute Statute of Frauds street sufficient sustained testified testimony tiff tion trial warrant Wend witness York
Popular passages
Page 13 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 495 - Probable cause," which will justify a criminal accusation, is defined to be "a reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Page 347 - ... the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from such death, to the wife and next of kin of such deceased person...
Page 181 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 582 - ... than costs and expenses allowed to the guardian by the court, until he has given sufficient security, approved by a judge of the court, or a county judge, to account for and apply the same, under the direction of the court.
Page 587 - ... the earnings of the debtor for his personal services, at any time within thirty days next preceding the order, cannot be so applied, when it is made to appear by the debtor's affidavit, or otherwise, that such earnings are necessary for the use of a family supported wholly or partly by his labor.
Page 458 - Code (§ 253) provides that an issue of fact in an action for the recovery of money only, or of specific real or personal property, or for a divorce from the marriage contract on the ground of adultery, must be tried by a jury...
Page 271 - But there may be allowed to the prevailing party, upon the judgment, certain sums, by way of indemnity for his expenses in the action ; which allowances are in this act termed costs.
Page 333 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either— 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2.
Page 478 - ... being a creature of equity, it follows, that, if she has a power to deal with it, she has the other power incident to property in general; namely, the power of contracting debts to be paid out of it; and inasmuch as her creditors have not the means at law of compelling payment of those debts, a court of equity takes upon itself to give effect to them, not as personal liabilities, but by laying hold of the separate property, as the only means by which they can be satisfied.