Reports of Cases Argued and Determined in the Superior Court of the City of New York, Volume 10W.C. Little & Company, 1856 - Law reports, digests, etc |
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Results 1-5 of 97
Page 2
... conditioned to be void upon the payment of $ 6,000 with interest , thirty days from its date . A witness on the part of the plaintiff proved that on the day Kemp v . Carnley . of the execution of the 2 CASES IN THE SUPERIOR COURT .
... conditioned to be void upon the payment of $ 6,000 with interest , thirty days from its date . A witness on the part of the plaintiff proved that on the day Kemp v . Carnley . of the execution of the 2 CASES IN THE SUPERIOR COURT .
Page 3
... witness on behalf of the plaintiff , and was objected to as incompetent . The objec- tion was overruled , but as the Court , in giving judgment , laid no stress upon his testimony , it is deemed unnecessary to state it . When the ...
... witness on behalf of the plaintiff , and was objected to as incompetent . The objec- tion was overruled , but as the Court , in giving judgment , laid no stress upon his testimony , it is deemed unnecessary to state it . When the ...
Page 4
... witness . IV . None of the defendants ' exceptions were well taken . A. J. Vanderpoel , contra , insisted that the defendant was entitled to judgment upon the following among other grounds . I. The assignment under which the plaintiff ...
... witness . IV . None of the defendants ' exceptions were well taken . A. J. Vanderpoel , contra , insisted that the defendant was entitled to judgment upon the following among other grounds . I. The assignment under which the plaintiff ...
Page 5
... witness alleged that Kemp was his agent , and as such held possession of the goods until the assignment was executed ; he resigned his position as mortgagee to Kemp as assignee . A recovery by Kemp would secure the fund out of which ...
... witness alleged that Kemp was his agent , and as such held possession of the goods until the assignment was executed ; he resigned his position as mortgagee to Kemp as assignee . A recovery by Kemp would secure the fund out of which ...
Page 8
... witness ; and the argument is this that the assignment is fraudulent because it gives a preference to the mortgage , which mortgage is fraudulent apart from Day's evidence ; and is only sustained , or it must be considered as sustained ...
... witness ; and the argument is this that the assignment is fraudulent because it gives a preference to the mortgage , which mortgage is fraudulent apart from Day's evidence ; and is only sustained , or it must be considered as sustained ...
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Common terms and phrases
adeemed ademption advances agreement alleged amended amount answer appeal application Astor's Executors authority bequeathed bequest bill bill of lading BOSWORTH cause of action cent charge Charles Henry Hall claim clause Code codicil Common Council Company complaint construction contract corporation costs counsel court court of equity damages Daniel E debt declared deed defendants delivered delivery denied DUER effect entitled entry evidence execution fact fraud Furniss given grant ground Insurance intention interest issue Jacob Sharp John John Cook judge judgment jury Langdon legacies liable lots Mayor ment mortgage necessary opinion owner paid parties payment person plaintiff pleadings possession premises proof proved provisions purchaser question railroad recover reference rendered Reports revocation revoked rule sold statute of frauds street subsequent testator thereof tion Toll & McArdle trial trust Tylee valid verdict void vols wall Wend witness words York
Popular passages
Page 636 - Every such action shall be brought by and in the names of the personal representatives of such deceased person ; and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the proportions provided by law in relation to the distribution of personal property left by persons dying intestate...
Page 637 - Drew. therefore, enacted, &c., that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 155 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 568 - ... some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to bo executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Page 636 - Whereas no action at law is now maintainable against a person who by his wrongful act, neglect, or default may have caused the death of another person, and it is oftentimes right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him...
Page 157 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Page 637 - That every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused...
Page 640 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 115 - No allowance or compensation shall be made to any officer or clerk, by reason of the discharge of duties which belong to any other officer or clerk in the same or any other Department ; and no allowance or compensation shall be made for any extra services whatever, which any officer or clerk may be required to perform, unless expressly authorized by law.
Page 637 - Parliament assembled, and by the authority of the same, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who...