Reports of Cases Argued and Determined in the Superior Court of the City of New York [1828-1829]: 1828/1829W. C. Little, 1831 - Law reports, digests, etc |
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Page 35
... ment of a breach of the covenant , but further averments are necessary to show that the covenant has been broken ; and in these cases the breach must be specially assigned . If , then , the general assignment in this case does ...
... ment of a breach of the covenant , but further averments are necessary to show that the covenant has been broken ; and in these cases the breach must be specially assigned . If , then , the general assignment in this case does ...
Page 50
... ment stands upon freehold , or upon leasehold ground , or whether the lease is about expiring , or has the full time to run when the fire occurs , or whether it is renewable or not . The condition of the policy is satisfied if the title ...
... ment stands upon freehold , or upon leasehold ground , or whether the lease is about expiring , or has the full time to run when the fire occurs , or whether it is renewable or not . The condition of the policy is satisfied if the title ...
Page 55
... ment of a nominal guardian ad litem , for the infant defendant , upon the plaintiff's giving him due notice of the rule , that he may have an apportunity to come in and name a guardian for himself . W. S. Sears atty . for plf . ] August ...
... ment of a nominal guardian ad litem , for the infant defendant , upon the plaintiff's giving him due notice of the rule , that he may have an apportunity to come in and name a guardian for himself . W. S. Sears atty . for plf . ] August ...
Page 56
... ment of the check , to the Cashier of the Franklin Bank for payment , on the 29th day of May 1828 , his refusal to pay the same , and notice to the defendant on the same day . The second count , in addition to the ordinary averments ...
... ment of the check , to the Cashier of the Franklin Bank for payment , on the 29th day of May 1828 , his refusal to pay the same , and notice to the defendant on the same day . The second count , in addition to the ordinary averments ...
Page 62
... ment and notice of dishonour , and if even proof of the due ob- servance of these formalities should be held necessary to entitle these plaintiffs in other circumstances to sustain an action upon the antecedent debt , for which the ...
... ment and notice of dishonour , and if even proof of the due ob- servance of these formalities should be held necessary to entitle these plaintiffs in other circumstances to sustain an action upon the antecedent debt , for which the ...
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Common terms and phrases
action admitted agent agreement amount applied April Term assignment assumpsit Att'y August Term authority averment Benedict bill bill of lading bonds brig Bunker cargo cause charge charter-party charterer city of New-York claim co-partner consignee consignor contended contract counsel count covenant damage debt declaration deed defendant defendant's demurrer devise discharge discount endorsed entitled evidence execution fact favour fendant fire fraud freight Fulton Bank ground held Hudson Company Hudson Insurance Company indemnity insurable interest intended issue John John Wheelwright Judge judgment jury Keeler & Rogers loan loss ment objection opinion owner paid parties payment person plaintiff plea pleaded port possession premises principle pro hac vice promissory note proof property insured prove question received recover rule seal Seton sheriff ship Spencer statute suit Supreme Court tare testator testified testimony tiff tion trial trust usage usurious verdict vessel voyage witness
Popular passages
Page 156 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 2 - In the name of God, amen. I, John Hale, of the town of , in the county of , and State of , of the age of 50 years, being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare, this to be my last will and testament...
Page 47 - ... the said loss or damage to be estimated according to the true and actual value of the said property at the time the same shall happen...
Page 72 - To divide, withdraw, or in any manner pay to the stockholders, or any of them, any part of the capital stock of the corporation; or to reduce such capital stock without the consent of the legislature; or 3.
Page 227 - ... upon this policy, then and from thenceforth, so long as the same shall be so appropriated, applied or used, these presents shall cease and be of no force or effect.
Page 270 - Similar difficulties would arise out of the same rule, when the operations of the house required the copartnership to execute other deeds. Can it then be that this stern rule of the common law, which has its appropriate sphere of action, and a most salutary operation on those relations of society where men, not otherwise connected, are the owners of undivided property, is to be applied in all its force, and to govern, with unbending severity, in the concerns of copartners, whose intimate connection...
Page 50 - But independently of any special clauses of this sort, it is clear, both upon principle and authority, that an assignment of a policy by the insured only covers such interest in the premises as he may have at the time of the insurance and at the time of the loss.
Page iv - ... possess the powers of a justice of the supreme court at Chambers, and in the trial of issues joined in the supreme court, and in courts of oyer and terminer and jail delivery.
Page xi - New-York, or in case any other cause should render it necessary, the mayor, or in his absence or sickness, the recorder of the said city, by a proclamation under his hand, to be published in two or more of the newspapers printed in the said city, may direct the holding of the said court by this act established, at such place within the city and county of New-York, other than the city hall, as may bp considered most safe and proper for such purpose.
Page 588 - a witness cannot by law refuse to answer a question relevant to the matter in issue, the answering of which has no tendency to accuse himself or to expose him to penalty or forfeiture of any nature whatsoever, by reason only, or on the sole ground that the answering of such question may establish, or tend to establish, that he owes a debt, or is otherwise subject to a civil suit, either at the instance of his majesty or of any other person or persons.