Reports of Cases Argued and Determined in the Superior Court of the City of New York [1856-1863]: 1858-1860W.C. Little, 1861 |
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Strana 9
... Judge ordered that the case should be heard in the General Term in the first in- stance on the points reserved at the trial , and exceptions taken by the defendants , with leave to the Court to dismiss the com- plaint if they should be ...
... Judge ordered that the case should be heard in the General Term in the first in- stance on the points reserved at the trial , and exceptions taken by the defendants , with leave to the Court to dismiss the com- plaint if they should be ...
Strana 11
... judge erred in holding that the acts of the defendants , in taking possession of and disposing of the property , in them- selves entitled the plaintiff to recover the full amount of the policy 1. The acts in themselves are not ...
... judge erred in holding that the acts of the defendants , in taking possession of and disposing of the property , in them- selves entitled the plaintiff to recover the full amount of the policy 1. The acts in themselves are not ...
Strana 12
... judge erred in holding that the position of the boat in the tow , selected by the Captain of the plaintiff , was of no importance . ( Mathews v . The How . Ins . Co. , 1 Kern . , 15 ; 6 Ellis & Bl . , 937 , 952. ) IV . The advanced ...
... judge erred in holding that the position of the boat in the tow , selected by the Captain of the plaintiff , was of no importance . ( Mathews v . The How . Ins . Co. , 1 Kern . , 15 ; 6 Ellis & Bl . , 937 , 952. ) IV . The advanced ...
Strana 21
... judge directed the jury to include in their verdict , if they found for the plaintiff , the amount of the charges paid on the corn by the plaintiff , and his freight . If the company were in truth liable for a total loss , and the value ...
... judge directed the jury to include in their verdict , if they found for the plaintiff , the amount of the charges paid on the corn by the plaintiff , and his freight . If the company were in truth liable for a total loss , and the value ...
Strana 59
... Judge GARDI- NER delivered the opinion of the Court of Appeals , ( 3 Seld . , 500 , ) the question as to the effect of a discharge under an insolvent law of a sister State , has been considered settled in New York . Corbett , a resident ...
... Judge GARDI- NER delivered the opinion of the Court of Appeals , ( 3 Seld . , 500 , ) the question as to the effect of a discharge under an insolvent law of a sister State , has been considered settled in New York . Corbett , a resident ...
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agent agreement alleged amended American Exchange Bank amount answer appeal applied assignment attorney authority averred bail Bank of Akron Barb bill Bosw.-VOL BOSWORTH Cashier cause of action charge City claim Code commenced complaint contract costs counsel Court court of equity creditors damages debt debtor decision declared defendant defendant's delivered demurrer denied discharge equity evidence excepted execution fact fraud given ground held Herman Thorn indorsed insolvent Insurance Company issued John Judge judgment jurisdiction jury Justice lease liable loan loss marriage ment MONCRIEF mortgage motion Mutual Insurance notice October Ogden paid parties payable payment person plaintiff pleadings premium proof proved purchase question received referred refused rent rule Second Avenue Railroad Seld Sheriff statute statute of frauds stockholders subscription suit thereof Thorn tiff tion trial usury verdict Wend wheat witness Woodruff & Beach York York Mutual
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Strana 662 - ... when a question of fact, not put in issue by the pleadings, is to be tried by a jury, an order for the trial may be made, stating distinctly and plainly the question of fact to be tried ; and such order shall be the only authority necessary for a trial.
Strana 351 - No variance between the allegation in a pleading and the proof, is to be deemed material, unless it have actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits.
Strana 368 - All laws now in force in the territory of Wisconsin, which are not repugnant to this constitution, shall remain in force until they expire by their own limitation, or be altered or repealed by the legislature.
Strana 433 - Title, and that he is the owner in good faith, and in his own right, of the number of shares of stock required by this...
Strana 433 - Each director, when appointed or elected, shall take an oath that he will, so far as the duty devolves on him, diligently and honestly administer the affairs of such association, and will not knowingly violate, or willingly permit to be violated, any of the provisions of this Title...
Strana 662 - In cases where the trial of issues of fact is not provided for by the Code, if either party shall desire a trial by jury, such party shall, within ten days after issue joined, give notice of a special motion to be made upon the pleadings, that the whole issue, or any specific questions of fact involved therein, be tried by a jury.
Strana 108 - ... to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein...
Strana 367 - The Secretary of State, State Treasurer and Commissioner of the State Land Office shall constitute a Board of State Auditors, to examine and adjust all claims against the State, not otherwise provided for by general law.
Strana 378 - It is a universal principle that where power or jurisdiction is delegated to any public officer or tribunal over a subject matter, and its exercise is confided to his or their discretion, the acts so done are binding and valid as to the subject matter...
Strana 499 - ... 1 § 33. Perhaps the most general, if not the most precise, description of a Court of Equity, in the English and American sense, is, that it has jurisdiction in cases of rights recognized and protected by the municipal jurisprudence, where a plain, adequate, and complete remedy cannot be had in the Courts of Common Law.