Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 3
New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand
Lawyers Co-operative Publishing Company, 1850 - Law reports, digests, etc
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action advances affirmed agent agreed agreement amount appeal applied assignment authority Bank benefit bill bond cause chancellor charge claim commissioners common consideration constitution contract corporation creditor debt decree deed defendant delivered directed discharge draft duty effect equity evidence exchange executed executors express fact follows fund give given grant ground hands held Hill intended interest issued John judge judgment jurisdiction jury justice land letter lien loan matter ment mortgage necessary New-York notice objection opinion original owner paid parties payment person plaintiff present principal proceedings promise proved purchase question reason received recover referred relation respect rule seems sell sold statute sufficient suit supreme court surety taken thing tion transaction trial trust valid void Wend witness
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 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...