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 17
... alleged neglect of the plaintiff's agents in taking care of the property , and their refusal to permit the corn to be landed when that was proposed . We think there is nothing to warrant the idea of abandonment , and an acceptance ...
... alleged neglect of the plaintiff's agents in taking care of the property , and their refusal to permit the corn to be landed when that was proposed . We think there is nothing to warrant the idea of abandonment , and an acceptance ...
Strana 36
... alleged as a defense to a promissory note given for the price , indorsed by the defendant , that the timber was of an inferior quality , and so the consideration of the note has failed in part . Though the vendor may be liable to the ...
... alleged as a defense to a promissory note given for the price , indorsed by the defendant , that the timber was of an inferior quality , and so the consideration of the note has failed in part . Though the vendor may be liable to the ...
Strana 38
... alleged , that the plaintiffs have been already overpaid for the timber so sold and delivered ; that there is nothing due to the plaintiffs on the promissory note in suit ; and that the plaintiffs have given no consideration therefor ...
... alleged , that the plaintiffs have been already overpaid for the timber so sold and delivered ; that there is nothing due to the plaintiffs on the promissory note in suit ; and that the plaintiffs have given no consideration therefor ...
Strana 39
... alleged in the answer , but only " a warranty by usage . " The defendant's counsel asked leave to amend the answer by averring an express warranty . The Court denied the motion to amend , on the ground that the papers given in evidence ...
... alleged in the answer , but only " a warranty by usage . " The defendant's counsel asked leave to amend the answer by averring an express warranty . The Court denied the motion to amend , on the ground that the papers given in evidence ...
Strana 41
... alleged bill put in evidence was not a contract of war- ranty . It was a mere receipt . ( Seixas v . Woods , 2 Caines R. , 48 ; Sweet v . Colgate , 20 Johns . , 201. ) III . The exception to the motion made to amend the pleadings by ...
... alleged bill put in evidence was not a contract of war- ranty . It was a mere receipt . ( Seixas v . Woods , 2 Caines R. , 48 ; Sweet v . Colgate , 20 Johns . , 201. ) III . The exception to the motion made to amend the pleadings by ...
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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.