Reports of Cases Argued and Determined in the Court of Appeals of the State of New York, Volume 21 |
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Page 189
... tender is concerned , there is no doubt but that the offer of the sum mentioned would have been sufficient as against the holder of the mortgage . The interest for the additional day might be easily ascertained by one desi- rous of ...
... tender is concerned , there is no doubt but that the offer of the sum mentioned would have been sufficient as against the holder of the mortgage . The interest for the additional day might be easily ascertained by one desi- rous of ...
Page 255
... tender the defendant made no objection to this assignment ; showing that he considered the tender , so far as this mortgage is in question , a compliance with the intention of the contract . It was a purchase money mortgage , and so ...
... tender the defendant made no objection to this assignment ; showing that he considered the tender , so far as this mortgage is in question , a compliance with the intention of the contract . It was a purchase money mortgage , and so ...
Page 343
... Tender of the money due upon a mortgage , at any time before foreclosure , discharges the lien , though made after the law day , and not kept good . Where , as in this case , the tender does not discharge the debt , but only defeats a ...
... Tender of the money due upon a mortgage , at any time before foreclosure , discharges the lien , though made after the law day , and not kept good . Where , as in this case , the tender does not discharge the debt , but only defeats a ...
Page 344
... tender . Cady did not , in his answer , allege a readiness still to pay the mortgage debt , or that it was paid into court , nor did he offer to bring it into court ; and it did not appear , from the finding of facts or otherwise , that ...
... tender . Cady did not , in his answer , allege a readiness still to pay the mortgage debt , or that it was paid into court , nor did he offer to bring it into court ; and it did not appear , from the finding of facts or otherwise , that ...
Page 345
... tender of the money was made and refused , the condition was satisfied equally as if payment had been made , and the mortgagor or his heirs might reënter . This appointed day for the payment of the money , to secure which the mortgage ...
... tender of the money was made and refused , the condition was satisfied equally as if payment had been made , and the mortgagor or his heirs might reënter . This appointed day for the payment of the money , to secure which the mortgage ...
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Common terms and phrases
action agent agreement alleged amount answer appealed applied assignment authority Bank Bank of Attica bill bond cash charge charter claim common law consideration contract corporation counsel courts of equity creditors debt debtor decision declared deed defendant defendant's delivered DENIO discharge doctrine effect entitled equity evidence execution executor facts favor foreclosure Francis Kernan fund given ground guaranty held indorsed insolvent Insurance Company intended interest judges concurring jury land law day legislature liable lien loan loss ment mortgage mortgagor mutual companies mutual insurance notice Ontario Bank opinion owner paid parties payment person plaintiff premium notes present principle promise promissory note proved purchase question received recover referred refused rent respect reversed rule SELDEN Sir William Johnson SMITH.-VOL sold statute of frauds Supreme Court tender tion trial trustees usury vessel void warranty Wend
Popular passages
Page 81 - Corporations may be formed under general laws; but shall not be created by special act, except for municipal purposes, and in cases where in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws. All general laws and special acts passed pursuant to this section, may be altered from time to time or repealed.
Page 434 - In the following cases, every agreement shall be void, unless such agreement, or some note or memorandum thereof, expressing the consideration, be in writing, and subscribed by the party to be charged therewith : — 1. Every agreement that, by its terms, is not to be performed within one year from the making thereof; 2.
Page 11 - The stockholders in every corporation and joint-stock association for banking purposes issuing bank notes or any kind of paper credits to circulate as money...
Page 363 - ... a mortgage is a charge upon the land ; and whatever would give the money will carry the estate in the land along with it, to every purpose. The estate in the land is the same thing as the money due upon it. It will be liable to debts ; it will go to executors ; it will pass by a will not made and executed with the solemnities required by the statute of frauds.
Page 313 - The court may in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.
Page 195 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 262 - ... shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be thereafter contracted...
Page 140 - Each of said notes shall be payable, in part or in whole, at any time when the directors shall deem the same requisite for the payment of losses by fire or inland navigation, and such incidental expenses as may be necessary for transacting the business of said company.
Page 495 - ... shall be deemed and adjudged a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court having cognizance thereof.
Page 524 - If, after such reconsideration, twothirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by twothirds of the members present it shall become a law.