Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volume 42Gould, Banks & Gould, 1865 - Law reports, digests, etc |
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Results 1-5 of 99
Page 18
... cases between him and the person whose conduct he has thus influenced . A defendant will not be allowed to give evidence of a particular fact where Hawley v . Griswold . it appears , 1st . 18 CASES IN THE SUPREME COURT .
... cases between him and the person whose conduct he has thus influenced . A defendant will not be allowed to give evidence of a particular fact where Hawley v . Griswold . it appears , 1st . 18 CASES IN THE SUPREME COURT .
Page 19
... give ; 2. That the plaintiff has acted upon the admission ; and 3d . That the plaintiff would be injured by allowing the truth of the admission to be disproved . A PPEAL from a judgment entered upon the report of a referee , by the ...
... give ; 2. That the plaintiff has acted upon the admission ; and 3d . That the plaintiff would be injured by allowing the truth of the admission to be disproved . A PPEAL from a judgment entered upon the report of a referee , by the ...
Page 23
... give ; 2d . That the plaintiff had acted upon the admission , and 3d . That he would be injured by allowing the truth of the admission to be disproved ; and I think the referee prop- erly excluded the evidence . I am also of the opinion ...
... give ; 2d . That the plaintiff had acted upon the admission , and 3d . That he would be injured by allowing the truth of the admission to be disproved ; and I think the referee prop- erly excluded the evidence . I am also of the opinion ...
Page 24
... give a party an opportunity to introduce testimony which would not be of any advantage to him , nor tend to promote the ends of justice . Where the newly discovered evidence does nothing more than tend to impeach the character and ...
... give a party an opportunity to introduce testimony which would not be of any advantage to him , nor tend to promote the ends of justice . Where the newly discovered evidence does nothing more than tend to impeach the character and ...
Page 26
... give your verdict for the defendant . " He also said to the jury as follows : " Jones ' account of that paper is in direct contradiction to the tenor of the paper Powell v . Jones . itself , which says that 26 CASES IN THE SUPREME COURT .
... give your verdict for the defendant . " He also said to the jury as follows : " Jones ' account of that paper is in direct contradiction to the tenor of the paper Powell v . Jones . itself , which says that 26 CASES IN THE SUPREME COURT .
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Common terms and phrases
affirmed aforesaid agreement alleged amount appeal apply appointed assessment assignment attachment authority Bank Barb cause of action Cawley charge claim clerk commissioners common carriers common council common law complaint contract costs counsel court court of equity creditors damages debts deed defendant defendant's delivered demand entitled equity evidence execution executors fact foreclosure fraud fraudulent freight ground held husband indorsed innkeeper insured intended interest issue judge judgment jury justice land legacies legislature Leonard Smith liable Lock street ment mortgage N. Y. Rep nonsuit opinion owner paid parties payment person plaintiff possession premises proceedings promissory note proof public enemy purchase question real estate received recover referee referred refused rendered Rochester rule seal sheriff Smith special term statute suit surrogate testator thereof tiff tion trial trust verdict void warrant Wend wife Woodbeck York
Popular passages
Page 293 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it.
Page 702 - York three commissioners, who shall form a board and be designated commissioners of taxes and assessments for the city and county of New York, who shall hold their office for the term of five years and until others are appointed in their places.
Page 474 - Whether the party thus misrepresenting a fact knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial; for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Page 262 - 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 474 - Where the party intentionally, or by design, misrepresents a material fact, or produces a false impression, in order to mislead another, or to entrap or cheat him, or to obtain an undue advantage of him, in every such case there is a positive fraud, in the truest sense of the terms; there is an evil act, with an evil intent — dolum malum, ad circumveniendum.
Page 202 - Whenever any officer shall resign or be removed from office, or the term for which he shall have been elected or appointed shall expire, he shall, on demand, deliver over to his successor in office, all the books, papers, moneys, and effects in his custody as such officer...
Page 389 - After such petition shall be filed, while the same is pending, and after a decree rendered thereon, no proceedings whatever shall be had at law for the recovery of the debt secured by the mortgage, or any part thereof, unless authorized by the court.
Page 294 - In case any person shall refuse or neglect to pay the tax imposed on him, the collector shall levy the same by distress and sale of the goods and chattels of the person who ought to pay the same, or of any goods and chattels in his possession...
Page 513 - ... either to the sheriff of a particular county, or, generally, to the sheriff of any county. It must require the sheriff to attach and safely keep, so much of the property, within his county, which the defendant has, or which he may have, at any time before final judgment in the action, as will satisfy the plaintiff's demand, with costs and expenses. The amount of the plaintiff's demand must be specified in the warrant, as stated in the affidavit. Warrants may be issued at the same time, to sheriffs...
Page 248 - no matter what degree of prudence may be exercised by the carrier or his servants, although the delusion by which it is baffled, or the force by which it is overcome be inevitable, yet, if it be the result of human means, the carrier is responsible: