Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 3New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Hiram Edward Sickels, Edward Jordan Dimock, Edmund Hamilton Smith, Edwin Augustus Bedell, Louis J. Rezzemini, Alvah S. Newcomb, James Newton Fiero Lawyers Cooperative Publishing Company, 1850 - Law reports, digests, etc |
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Page 41
... trial , the plaintiff gave in evi- dence the attachment and proceedings thereunder , the appoint VOL . III . 6 3 41 136 396 3 41 172 6557 e172 7557 j172 7564 Staples v . Fairchild . ment of trustees , and ALBANY , DECEMBER , 1849 . 41.
... trial , the plaintiff gave in evi- dence the attachment and proceedings thereunder , the appoint VOL . III . 6 3 41 136 396 3 41 172 6557 e172 7557 j172 7564 Staples v . Fairchild . ment of trustees , and ALBANY , DECEMBER , 1849 . 41.
Page 42
... trial , and after judgment the plain- tiff appealed to this court . The questions made on the trial and the particular facts on which they arose , will appear in the opinion of the court . J. L. Talcott , for appellant . I. It was not ...
... trial , and after judgment the plain- tiff appealed to this court . The questions made on the trial and the particular facts on which they arose , will appear in the opinion of the court . J. L. Talcott , for appellant . I. It was not ...
Page 47
... trial . The remedy is by motion or plea in abatement . Under the act of 1844 ( Stat . p . 215 , § 5 , ) declaring that actions in courts of com- mon pleas may be commenced by declaration " in all cases in which such actions may now be ...
... trial . The remedy is by motion or plea in abatement . Under the act of 1844 ( Stat . p . 215 , § 5 , ) declaring that actions in courts of com- mon pleas may be commenced by declaration " in all cases in which such actions may now be ...
Page 48
... trial ; and fur- thermore , when the action was commenced , a suit could be com- menced by declaration in the common pleas where one of the parties resided out of the state . ( Laws of 1844 , ch . 148 , § 5. ) II . The court of common ...
... trial ; and fur- thermore , when the action was commenced , a suit could be com- menced by declaration in the common pleas where one of the parties resided out of the state . ( Laws of 1844 , ch . 148 , § 5. ) II . The court of common ...
Page 62
... against Good- hue and others for selling a quantity of pork contrary to the instructions of the plaintiff . On the trial before OAKLEY , Ch . Marfield v . Goodhue . I. in October , 1847 62 CASES IN THE COURT OF APPEALS .
... against Good- hue and others for selling a quantity of pork contrary to the instructions of the plaintiff . On the trial before OAKLEY , Ch . Marfield v . Goodhue . I. in October , 1847 62 CASES IN THE COURT OF APPEALS .
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Common terms and phrases
action affirmed agent agreement alledged amount appeal applied assignment assumpsit authority bill of exchange bond and mortgage certificates certificates of deposit city of New-York claim commissioners common law complainant consent consideration contract conveyance corporation court of chancery court of equity Cowen creditor debt debtor declaration decree deed defendant Denio discharge donatio mortis causa draft drawer equity evidence executed executors fact fendant fund ground guaranty held Hill indorsement instrument interest issued John judge judgment jurisdiction jury justice land legislature liable lien Marfield ment notice objection opinion owner paid parties payable payment person plaintiff pleadings principal proceedings promise promissory note purchase purpose question received recover replevin rule sell sold statute statute of frauds sufficient suit supreme court surety surrogate testator thereof tion transaction trial Trust Company usury valid Van Benthuysen vice chancellor void Wend
Popular passages
Page 462 - Indeed the proposition may be stated in a more general form ; that if a creditor does any act injurious to the surety, or inconsistent with his rights, or if he omits to do any act when required by the surety, which his duty enjoins him to do, and the omission proves injurious to the surety, in all such cases the latter will be discharged, and he may set up such conduct as a defence to any suit brought against him, if not at law, at all events in Equity.
Page 42 - ... has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent...
Page 14 - That all actions, suits, controversies, and cases arising under any law of the United States, granting or confirming to inventors the exclusive right to their inventions or discoveries...
Page 389 - But our law, to guard against fraud, gives the entire property, without any account, to him whose original dominion is invaded, and endeavored to be rendered uncertain without his own consent.
Page 485 - ... it shall not be lawful for the Directors of any such company to divide, withdraw, or in any way pay to the stockholders or any of them, any part of the capital stock...
Page 77 - Co., after enumerating all the charges on the cargo and ship, therein charged to the plaintiff a commission of two and a half per cent. 'on the amount of the goods and charges.
Page 551 - To which he is a party, or in which he is interested; 2. When he is related to either party by consanguinity or affinity within the third degree, computed according to the rules of law; 3.
Page 268 - ... into the United States shall forfeit and pay for every such offense the sum of one thousand dollars, which may be sued for and...
Page 33 - Issues or puts in circulation any bank bill or note of any such corporation or banker, unless the same shall be made payable on demand and without interest, except bills of exchange on foreign countries or places beyond the limits or...
Page 240 - ... to make an order for the sale of any real estate belonging to such corporation...