The New York Supplement, Volume 16West Publishing Company, 1892 - Law reports, digests, etc |
From inside the book
Results 1-5 of 74
Page 9
... tion was executed to Robert . The evidence also tends to show that he never became entitled to such conveyance by reason of his failure to perform on his part the stipulations of the agreement which were required for equality of ...
... tion was executed to Robert . The evidence also tends to show that he never became entitled to such conveyance by reason of his failure to perform on his part the stipulations of the agreement which were required for equality of ...
Page 11
... tion was executed to Robert . The evidence also tends to show that he never became entitled to such conveyance by reason of his failure to perform on his part the stipulations of the agreement which were required for equality of ...
... tion was executed to Robert . The evidence also tends to show that he never became entitled to such conveyance by reason of his failure to perform on his part the stipulations of the agreement which were required for equality of ...
Page 27
... tion ; so that , if the construction placed upon the contract by the learned judge at the trial is correct , the judgment , upon the merits of the case , should be affirmed . It is argued by the learned counsel for the defendant that ...
... tion ; so that , if the construction placed upon the contract by the learned judge at the trial is correct , the judgment , upon the merits of the case , should be affirmed . It is argued by the learned counsel for the defendant that ...
Page 32
... tion is made before answer , yet the fact that a defendant is able and willing to join issue upon the allegations of the complaint is a circumstance , in ac- tions other than those upon an account , to be considered in determining the ...
... tion is made before answer , yet the fact that a defendant is able and willing to join issue upon the allegations of the complaint is a circumstance , in ac- tions other than those upon an account , to be considered in determining the ...
Page 34
tion of the prior mortgage . In this proceeding Washburn & Barnes , holding a mortgage subsequent to that of Cannon , appeared and contested his claim to satisfaction out of such proceeds , on the ground that his ( Cannon's ) mort- gage ...
tion of the prior mortgage . In this proceeding Washburn & Barnes , holding a mortgage subsequent to that of Cannon , appeared and contested his claim to satisfaction out of such proceeds , on the ground that his ( Cannon's ) mort- gage ...
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Common terms and phrases
affidavit agreement alleged amount Appeal from special application appointed Argued assignment authority bank bonds BRUNT charge claim Code Civil Proc commissioners complaint concur contract corporation costs counsel court of equity creditors damages death debt deceased deed defendant appeals defendant's dismissed entitled equity evidence execution executors fact favor fendant firm fund granted held injury interest issued judge Judgment affirmed Judgment reversed jury land lease liability lien MAYHAM ment mortgage motion N. E. Rep N. Y. Supp November 13 November 30 October 16 Oneida Community opinion Order affirmed owner paid parties payment person plaintiff possession premises proceedings purchase question railroad received recover referee refused replevin respondent rule Seneca Nation special term statute street Supreme Court testator testatrix testified testimony thereof tiff tion town Town of Oswegatchie trial trust verdict wife witness York county
Popular passages
Page 435 - Extortion is the obtaining of property from another, with his consent, induced by a wrongful use of force or fear, or under color of official right.
Page 97 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as...
Page 567 - A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the crime...
Page 120 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 105 - ... in good faith relied upon such conduct, and has been led thereby to change his position for the worse, and who on his part acquires some corresponding right either of property, of contract, or of remedy.
Page 191 - A nation within whose territory any personal property is actually situate has an entire dominion over it while therein, in point of sovereignty and jurisdiction, as it has over immovable property situate there.
Page 270 - I hereby appoint sole executrix of this my last will and testament ; hereby revoking all former wills by me made.
Page 381 - Upon this subject it has been provided that every mortgage, or conveyance intended to operate as a mortgage, of goods and chattels, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change
Page 119 - ... a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking or receiving the same; provided such action is commenced within two years from the time the usurious...
Page 277 - But it may be asserted broadly that if, in any negotiations or transactions with the insured, after knowledge of the forfeiture, it recognizes the continued validity of the policy, or does acts based thereon, or requires the insured by virtue thereof to do some act or incur some trouble or expense, the forfeiture is, as matter of law, waived; and it is now settled in this court, after some difference of opinion, that such a waiver need not be based upon any new agreement or an estoppel.