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 |
From inside the book
Results 1-5 of 55
Page 9
... promise arising from the accept- ance of the trust , and the conversion of the fund into money ; the party must resort to equity . It seems , had there been an express promise by the testator , and there had been assets , that an ac ...
... promise arising from the accept- ance of the trust , and the conversion of the fund into money ; the party must resort to equity . It seems , had there been an express promise by the testator , and there had been assets , that an ac ...
Page 10
... promises of the defendant are not laid as express promises , but as promises arising by implication of law from the facts stated . J. Greenwood , for the plaintiff , insisted that under the circumstances de- tailed in the declaration ...
... promises of the defendant are not laid as express promises , but as promises arising by implication of law from the facts stated . J. Greenwood , for the plaintiff , insisted that under the circumstances de- tailed in the declaration ...
Page 11
... 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 rejected as surplusage . The counsel cited in support of these ...
... 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 rejected as surplusage . The counsel cited in support of these ...
Page 12
... promise had been made by the trustee in the cestui que trust , then no examination into the condition and state of ... promise , the executor might be charged , provided sufficient assets came to his hands ; the plaintiff would then ...
... promise had been made by the trustee in the cestui que trust , then no examination into the condition and state of ... promise , the executor might be charged , provided sufficient assets came to his hands ; the plaintiff would then ...
Page 35
... promise has reference , may be looked at to give effect to the contract . A consideration implied or inferred from the terms of the instrument , is as effectual as if expressly appearing on its face . A promise to answer for the debt ...
... promise has reference , may be looked at to give effect to the contract . A consideration implied or inferred from the terms of the instrument , is as effectual as if expressly appearing on its face . A promise to answer for the debt ...
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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.