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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Page 56
... refusal to pay . " It is true that the chief justice , in his opinion , subse- quently remarks that the question there presented is not identical with one which arises where , after the transfer of such a note , the maker seeks to ...
... refusal to pay . " It is true that the chief justice , in his opinion , subse- quently remarks that the question there presented is not identical with one which arises where , after the transfer of such a note , the maker seeks to ...
Page 57
... refusing to charge as requested . In arriving at this conclusion we simply uphold the prin- ciple adjudicated in 3 Hill , 382 , and in 23 N. Y. Rep . 28 . I am better satisfied with such a result , because I think that a different ...
... refusing to charge as requested . In arriving at this conclusion we simply uphold the prin- ciple adjudicated in 3 Hill , 382 , and in 23 N. Y. Rep . 28 . I am better satisfied with such a result , because I think that a different ...
Page 59
... refused to perform . The sale of the boat was strictly a con- ditional sale , and no title vested or could vest in the purchaser or his assigns until all the payments were made . The pur- chaser was to have the right to the use of the ...
... refused to perform . The sale of the boat was strictly a con- ditional sale , and no title vested or could vest in the purchaser or his assigns until all the payments were made . The pur- chaser was to have the right to the use of the ...
Page 60
... refused to pay the purchase price , and the owner takes it as he would have had the right to do , without any such provision in the agreement . But the plaintiff or his assignee expressly agreed he might take it in case of a default ...
... refused to pay the purchase price , and the owner takes it as he would have had the right to do , without any such provision in the agreement . But the plaintiff or his assignee expressly agreed he might take it in case of a default ...
Page 67
... refused to grant , holding that the action was properly brought . After some evidence was given by the defendant , the action was submitted to the referee , who re- ported among other things , as matter of fact , that the plain- tiff ...
... refused to grant , holding that the action was properly brought . After some evidence was given by the defendant , the action was submitted to the referee , who re- ported among other things , as matter of fact , that the plain- tiff ...
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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: