Reports of Cases Argued and Determined in the Superior Court of the City of New York [1856-1863], Volume 20W.C. Little, 1863 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 6
... facts , the same facts as were found by the jury on the former trial . The facts as found , and the proceedings on the trial had subsequently to such finding , are stated in the case as follows , viz : 1st Ques . Was the trunk in ...
... facts , the same facts as were found by the jury on the former trial . The facts as found , and the proceedings on the trial had subsequently to such finding , are stated in the case as follows , viz : 1st Ques . Was the trunk in ...
Page 11
... facts now before it , will not reverse or review its former decision . ( Richards v . Westcott , 2 Bosw . 589. ) II . The non - suit was properly granted . 1. The facts having been found by the jury , the necessary result of the ...
... facts now before it , will not reverse or review its former decision . ( Richards v . Westcott , 2 Bosw . 589. ) II . The non - suit was properly granted . 1. The facts having been found by the jury , the necessary result of the ...
Page 12
... facts , is one for the court - not the jury . Fraud becomes no longer a question of motive , but a matter of legal intendment . The natural sequence , not the motive of the act , is the point of inquiry . ( Sturtevant v . Ballard , 9 ...
... facts , is one for the court - not the jury . Fraud becomes no longer a question of motive , but a matter of legal intendment . The natural sequence , not the motive of the act , is the point of inquiry . ( Sturtevant v . Ballard , 9 ...
Page 20
... facts the claimant is entitled to recover ; and although prior to the trial and decision by that Board , such agent and trustee , with the assent of the claimant , has collected from such choses in action a part of the amount due ...
... facts the claimant is entitled to recover ; and although prior to the trial and decision by that Board , such agent and trustee , with the assent of the claimant , has collected from such choses in action a part of the amount due ...
Page 21
... facts , and avowed that the claim had never been paid ; this further fact is not sufficient to constitute such a fraud and entitle the State to such relief . 4. In such case knowledge by the State of the said settlements with the banks ...
... facts , and avowed that the claim had never been paid ; this further fact is not sufficient to constitute such a fraud and entitle the State to such relief . 4. In such case knowledge by the State of the said settlements with the banks ...
Contents
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Common terms and phrases
action advance affidavit agent agreement alleged amount answer appeal Auditors bill of lading Board bonds BOSWORTH bottomry Branch Bank brother and sister cause certificate charge charter party child or children claim coal complaint contract counsel court court of equity creditors damages death debt deceased decision defendant's defendants delivered delivery draft Eighth Avenue Railroad entitled evidence executed facts fraud freight held Illinois Central Railroad indorser injury intent interest issue judge judgment jury Justice liable loan ment Michigan State Bank motion negligence notice owner paid Patterson payment person Phoenix Bank plaintiff premises proof proved provision purchaser question Railroad Rebecca Ray received recover reference refused River Raisin Bank Robert Ray scrip securities shares sold statute Stewart subscriber suit testator testator's testimony therein thereof tiff tion trial usury verdict vessel Wend Wilmot WOODRUFF York
Popular passages
Page 370 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...
Page 491 - Where a grant for a valuable consideration shall be made' to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person named as the alienee in such conveyance, subject only to the provisions of the next section.
Page 640 - If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same .by affidavits or other evidence, in addition to those on which the injunction was granted.
Page 672 - ... for the prosecution of the action, for the return of the property to the defendant if return thereof be adjudged, and for the payment to him of such sum as may for any cause be recovered against the plaintiff...
Page 125 - ... 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 346 - a factor, dealing for a principal, but concealing that principal, delivers goods in his own name, the person contracting with him has a right to consider him to all intents and purposes as the principal ; and, though the real principal may appear and bring an action upon that contract against the purchaser of the goods, yet that purchaser may set off any claim he may have against the factor in answer to the demand of the principal. This has been long settled.
Page 163 - Every person who, for any such loan or forbearance shall pay or deliver any greater sum or value than is above allowed to be received...
Page 451 - ... use, to sell, assign, transfer, and set over, all or any part of the said stock, and for that purpose to make and execute all necessary acts of assignment and transfer, and one or more persons to substitute with like full power, hereby ratifying and confirming all that my said attorney or his substitute or substitutes, shall lawfully do by virtue hereof.
Page 717 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2.
Page 697 - When the plaintiff is ignorant of the name of a defendant, such defendant may be designated in any pleading or proceeding by any name; and, when his true name is discovered, the pleading or proceeding may be amended accordingly.