Reports of Cases Argued and Determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York [1828-1841], Volume 24Gould, Banks & Company, 1850 - Law reports, digests, etc |
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Page 18
... claim of credit or set off . The referees reported that they found the plaintiff's accounts , [ * 18 ] as proved , to amount in the whole to $ 125 ; that they found his books to be fair ; that they allowed the credits in his books ...
... claim of credit or set off . The referees reported that they found the plaintiff's accounts , [ * 18 ] as proved , to amount in the whole to $ 125 ; that they found his books to be fair ; that they allowed the credits in his books ...
Page 20
... claim ? The fatal objection is , that these may have been all questions on the weight of the evidence . Neither the referees nor the court tell us whether they al- lowed and acted on the written or oral evidence . The former received ...
... claim ? The fatal objection is , that these may have been all questions on the weight of the evidence . Neither the referees nor the court tell us whether they al- lowed and acted on the written or oral evidence . The former received ...
Page 24
... claim to credit or set off , without saying one word of the purpose he had in view . His very object , perhaps , was , to obscure the bearing it might have at the hearing , and present it for the first time on error brought . I think it ...
... claim to credit or set off , without saying one word of the purpose he had in view . His very object , perhaps , was , to obscure the bearing it might have at the hearing , and present it for the first time on error brought . I think it ...
Page 54
... claiming under them ; which very nearly expresses the meaning of the word privy , when used to signify those persons off ... claim against him ; although it might , in a suit for contribution , be received , as every record may , against ...
... claiming under them ; which very nearly expresses the meaning of the word privy , when used to signify those persons off ... claim against him ; although it might , in a suit for contribution , be received , as every record may , against ...
Page 57
... claim is , in character , without the terms of the bond . The case which occurs to me is a debt charged against one as administrator , which is in fact due from him as an individual . It will of course be narrowed , where the defence of ...
... claim is , in character , without the terms of the bond . The case which occurs to me is a debt charged against one as administrator , which is in fact due from him as an individual . It will of course be narrowed , where the defence of ...
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Common terms and phrases
action adverse possession agent agreement Albany alleged amount applied assignment assumpsit authority averment bank bill bottomry certiorari charge circuit judges cited city of New-York claim commenced commissioners common law common pleas consideration contract counsel count court court of chancery court of equity covenant Cowen creditors damages debt debtor December declaration deed defendant's delivered demand demurrer endorsed entitled equity evidence execution fact favor fendant fraud ground held intended Johns judgment July jury justice land lien matter mortgage nonsuit notice objection October opinion owner oyer and terminer parties partner partnership payment person PHILO GRIDLEY plaintiff in error pleaded possession principle promise proof proved purchaser question received recover refused rent replevin rule sheriff statute statute of frauds suit testator tion trial trust usury Utica verdict vessel void voyage Wendell witness words
Popular passages
Page 344 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Page 46 - In the following cases every agreement shall be void unless such agreement, or some note or memorandum thereof, 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.
Page 123 - ... unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of the things sold, mortgaged or assigned, shall be presumed to be fraudulent and void, as against the creditors of the vendor, or the creditors of the person making such assignment, or subsequent purchasers in good faith...
Page 202 - I.), c. 34, it was enacted that 'if a wife willingly leave her husband, and go away, and continue with her advouterer, she shall be barred forever of action to demand her dower...
Page 556 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Page 202 - In case of a divorce, dissolving the marriage contract for the misconduct of the wife, she shall not be endowed.
Page 91 - Judgment was entered for the plaintiff, with leave to the defendant to move to enter a verdict for the defendant or for a non-suit.
Page 605 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.
Page 481 - ... for -all debts which shall be due and owing by the company at the time of its dissolution, the persons then composing such company shall be individually responsible to the extent of their respective shares of stock in the said company, and no further...
Page 224 - Where the fundamental law has not limited, either in terms or by necessary implication, the general powers conferred upon the legislature we cannot declare a limitation under the notion of having discovered something in the spirit of the Constitution which is not even mentioned in the instrument.