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 9
... payment of the expenses of the trust ; 2. To repay himself cer- [ 10 ] tain advances , and 3. To pay certain bonds to the United States , ex- VOL . XXIV . 2 New - York , May , 1840. - Dias v TABLE OF.
... payment of the expenses of the trust ; 2. To repay himself cer- [ 10 ] tain advances , and 3. To pay certain bonds to the United States , ex- VOL . XXIV . 2 New - York , May , 1840. - Dias v TABLE OF.
Page 11
... pay . The property received was a good consideration for the promise , and on proof at the trial of an express promise , the plaintiff will be entitled to recover . His character as executor , as described in the declaration , may be ...
... pay . The property received was a good consideration for the promise , and on proof at the trial of an express promise , the plaintiff will be entitled to recover . His character as executor , as described in the declaration , may be ...
Page 34
... payment of the judgment was filed in the name of Field , the suit was commenced by the defendants , and for their own benefit . When the money was collected under the decree , they took it ; and now , after the decree has been reversed ...
... payment of the judgment was filed in the name of Field , the suit was commenced by the defendants , and for their own benefit . When the money was collected under the decree , they took it ; and now , after the decree has been reversed ...
Page 35
... pay to Bingham such sum as upon such accounting should be found due to him , and Bingham engaging to pay to the plaintiff such sum as should be found due from him . On the same day , an instrument in writing , written underneath the ...
... pay to Bingham such sum as upon such accounting should be found due to him , and Bingham engaging to pay to the plaintiff such sum as should be found due from him . On the same day , an instrument in writing , written underneath the ...
Page 36
... pay to the plaintiff the sum of $ 836 , - 56 , with the interest thereof from 6th August , 1835 , together with the ... payment of the costs of the suit in chancery ; but the judge ruled otherwise , and the jury under his charge found a ...
... pay to the plaintiff the sum of $ 836 , - 56 , with the interest thereof from 6th August , 1835 , together with the ... payment of the costs of the suit in chancery ; but the judge ruled otherwise , and the jury under his charge found a ...
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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.