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 10
... principle , and which will be hereafter considered . The argument in fa- vour of restricting the event of death to the lifetime of the tes- tator is , that the limitation on that construction trenches least on the fee previously devised ...
... principle , and which will be hereafter considered . The argument in fa- vour of restricting the event of death to the lifetime of the tes- tator is , that the limitation on that construction trenches least on the fee previously devised ...
Page 15
... principle of that case has been uniformly sanctioned , and always acted upon in after times . Lord Kenyon himself , in Goodtitle v . Pegden , 2 Term . Rep . p . 720. , assumes as the ground of his judgment , that the distinction in ...
... principle of that case has been uniformly sanctioned , and always acted upon in after times . Lord Kenyon himself , in Goodtitle v . Pegden , 2 Term . Rep . p . 720. , assumes as the ground of his judgment , that the distinction in ...
Page 18
... principle is to prevail that the limitation of the fee to the wife was upon the contingency of the death of the daughters in her lifetime , it would follow that if one of the daughters had mar- ried , and afterwards died in the lifetime ...
... principle is to prevail that the limitation of the fee to the wife was upon the contingency of the death of the daughters in her lifetime , it would follow that if one of the daughters had mar- ried , and afterwards died in the lifetime ...
Page 23
... principle , that construction is to be preferred which best comports with the previous devise . We have already seen , that by simply restricting the limitation to the death of the daughters in the lifetime of either the widow or the ...
... principle , that construction is to be preferred which best comports with the previous devise . We have already seen , that by simply restricting the limitation to the death of the daughters in the lifetime of either the widow or the ...
Page 26
... principle of being a contingency to happen in the compass of the lives of the brothers . But the court held , that the limitation over to the brothers was not good by way of executory devise on that principle , because the last clause ...
... principle of being a contingency to happen in the compass of the lives of the brothers . But the court held , that the limitation over to the brothers was not good by way of executory devise on that principle , because the last clause ...
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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.