Reports of Cases Decided in the Court of Appeals of the State of New York, Svazek 12New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Edward Jordan Dimock, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Alvah S. Newcomb, Edwin Augustus Bedell, James Newton Fiero Lawyers Co-operative Publishing Company, 1860 |
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Strana 197 - When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the state, shall be ascertained by a jury, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.
Strana 165 - Under our present judiciary system, the functions of the courts of common law and of chancery are united in the' same court, and the distinctions between actions at law and suits in equity, and the forms of all such actions and suits. are abolished, and the defendant may set forth by answer as many
Strana 107 - has no remedy over, then the law will excuse him ; but where the party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident or delay by
Strana 249 - transport and discharge such passengers and property at, from and to such places on the due payment of the freight or fare legally authorized therefor; and shall be liable to the party aggrieved, in an action for damages, for any neglect or refusal in the premises.
Strana 168 - having abolished the distinction between actions at law and suits in equity, and the forms of all such actions as theretofore existing, an equitable defence to a civil action is now as available as a legal defence. The question
Strana 165 - Any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not avail himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence in himself or his agents, will justify an interference by a court of
Strana 301 - if the thing to be done be merely collateral to the land, and doth not touch or concern the thing demised in any sort, then the assignee shall not be charged; as if the lessee covenants for himself and his assigns to build a house upon the land of the lessor,
Strana 133 - the determination, by lapse of time or otherwise, of a precedent estate created at the same time. And by § 13, a future estate is said to be vested, where there are persons in being who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or
Strana 107 - rule, that where the law creates a duty or; / charge, and the party is disabled from performing it without any default in himself, and has no remedy over, then the law will excuse him
Strana 291 - and that this policy is made and accepted in reference to the terms and conditions hereto annexed, which are to be used and resorted to in order to explain the rights and obligations of the parties hereto in all cases not herein otherwise specially provided for.