Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volume 6Gould, Banks & Gould, 1850 - Law reports, digests, etc |
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Page 33
... action of trover to recover the value of a spinning wheel . The defendant pleaded a former action for the same cause , in which the present plaintiff , being defendant , set off the present demand which was tried in that action . The ...
... action of trover to recover the value of a spinning wheel . The defendant pleaded a former action for the same cause , in which the present plaintiff , being defendant , set off the present demand which was tried in that action . The ...
Page 34
... action , but could not have produced a different result in the first , the failure of the plaintiffs in the one suit is no bar to their recovery in the other , although it is for the same cause of action for which they at- tempted to ...
... action , but could not have produced a different result in the first , the failure of the plaintiffs in the one suit is no bar to their recovery in the other , although it is for the same cause of action for which they at- tempted to ...
Page 43
... action , whether it be a libel or not , is a question of law . HAND , J. dissented . In a civil action for a libel , or slander , the truth of the charge is a justification ; but it can not be given in evidence unless it is pleaded , or ...
... action , whether it be a libel or not , is a question of law . HAND , J. dissented . In a civil action for a libel , or slander , the truth of the charge is a justification ; but it can not be given in evidence unless it is pleaded , or ...
Page 46
... action , or only in mitigation of damages . First . The fact , that the defendant read the letter to a stranger , before it was sent to the plaintiff , was not questioned on the trial , and is assumed to be true , by the form of the ...
... action , or only in mitigation of damages . First . The fact , that the defendant read the letter to a stranger , before it was sent to the plaintiff , was not questioned on the trial , and is assumed to be true , by the form of the ...
Page 47
... action . Reading or singing the contents of a libel in the presence of others , have been adjudged a publication . ( 2 Starkie on Slander , 16 . 5 Rep . 125. 9 Id . 59 , b . 1 Saund . 132 , n . 2. ) The reading of the letter in question ...
... action . Reading or singing the contents of a libel in the presence of others , have been adjudged a publication . ( 2 Starkie on Slander , 16 . 5 Rep . 125. 9 Id . 59 , b . 1 Saund . 132 , n . 2. ) The reading of the letter in question ...
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Common terms and phrases
action agreement alledged amount appeared applied assignment assumpsit authority Bigelow bill bona fide purchaser bond certiorari chancellor charge choses in action claim consideration contract convey conveyance court court of chancery court of equity covenant Cowen creditors damages debt debtor decision declaration decree deed defendant delivered demand demurrer Dillaye Dunckle entitled equity execution executor fact fendant foreclosure given ground held Hill indorser interest issue John judge judgment jurisdiction jury justice land liable libel lien Loucks & Gray ment mortgage New-York nonsuit notice objection opinion owner paid Paige parol evidence partnership party payment person plaintiff plea pleaded possession premises principle promissory note proof proved question real estate received recording acts recover referee resulting trust rule sold statute statute of limitations sufficient suit surrogate testator thereof tiff tion trespass trial trust Utica valid verdict void warrant Wend witness
Popular passages
Page 105 - June [1677] all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 84 - 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 547 - An express promise, therefore, as it should seem, can only revive a precedent good consideration, which might have been enforced at law, through the medium of an implied promise, had it not been suspended by some positive rule of law, but can give no original right of action, if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 383 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 236 - In fact, to allow this sort of action to prevail would be an encouragement to the servant to omit that diligence and caution which he is in duty bound to exercise on the behalf of his master, to protect him against the misconduct or negligence of others who serve him, and which diligence and caution, while they protect the master, are a much better security against any injury the servant may sustain by the negligence of others engaged under the same master, than any recourse against his master for...
Page 67 - ... every such conveyance not so recorded shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate or any portion thereof whose conveyance shall be first duly recorded.
Page 150 - The interference rests on the principle of a clear and certain right to the enjoyment of the subject in question, and an injurious interruption of that right, which, upon just and equitable grounds, ought to be prevented ; Gardner v Village of JSewburgh, 2 Johns C. R.
Page 211 - 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 423 - Court of General Sessions of the Peace for the City and County of New York,' of its own Grand Jury in favour of dealing with the social evil by means of regulation.
Page 235 - If the master be liable to the servant in this action, the principle of that liability will be found to carry us to an alarming extent. He who is responsible by his general duty, or by the terms of his contract, for all the consequences of negligence in a matter in which he is the principal, is responsible for the negligence of all his inferior agents.