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 15
... claim that this was not done . This ground for dismissing the complaint was properly overruled . The further ground of the defendants ' motion , viz . , that the defendants were discharged from their obligation by the omission of the ...
... claim that this was not done . This ground for dismissing the complaint was properly overruled . The further ground of the defendants ' motion , viz . , that the defendants were discharged from their obligation by the omission of the ...
Strana 16
... claim , and if not paid , it wrought no change in the rights of the parties . To the proper consideration of many , if not all of the remain- ing exceptions , it is necessary first to notice the obvious ground upon which the rulings ...
... claim , and if not paid , it wrought no change in the rights of the parties . To the proper consideration of many , if not all of the remain- ing exceptions , it is necessary first to notice the obvious ground upon which the rulings ...
Strana 36
... claim ; and the indorser cannot use it in his own favor . This was true before the Code ; and it can no more be permitted under the provisions of the Code defining a counter - claim . ( § 150. ) 3. Whether an indorser for the ...
... claim ; and the indorser cannot use it in his own favor . This was true before the Code ; and it can no more be permitted under the provisions of the Code defining a counter - claim . ( § 150. ) 3. Whether an indorser for the ...
Strana 41
... claim . It is not a counter - claim when set up by the indorser , because it is not between parties between whom a several judgment might be had . It is not a defense in any way for the indorser . A judgment be- tween the indorser and ...
... claim . It is not a counter - claim when set up by the indorser , because it is not between parties between whom a several judgment might be had . It is not a defense in any way for the indorser . A judgment be- tween the indorser and ...
Strana 43
... claim , that the goods were war- ranted to the vendee , and that the warranty was broken , and by proving the damages sustained by the vendee , abate from or extinguish the plaintiff's ( the vendor's ) claim against him upon his ...
... claim , that the goods were war- ranted to the vendee , and that the warranty was broken , and by proving the damages sustained by the vendee , abate from or extinguish the plaintiff's ( the vendor's ) claim against him upon his ...
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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.