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 2
... evidence to reduce the amount of the recovery , but does not operate as a forfeiture to prevent a recovery for the necessary damage , unless so expressed in the policy . 8. An assignment of the plaintiff's claim , before suit brought ...
... evidence to reduce the amount of the recovery , but does not operate as a forfeiture to prevent a recovery for the necessary damage , unless so expressed in the policy . 8. An assignment of the plaintiff's claim , before suit brought ...
Strana 6
... evidence that the notice of sale stated that the sale was for account of whom it might concern . The defendants ' counsel offered evidence to show how much of the corn was sound and how much was damaged . The Court excluded the evidence ...
... evidence that the notice of sale stated that the sale was for account of whom it might concern . The defendants ' counsel offered evidence to show how much of the corn was sound and how much was damaged . The Court excluded the evidence ...
Strana 39
... evidence by the defendant . They were arranged in columns of figures and at the end of each book was a summary or ... evidence were not any evidence of an express warranty ; and also sustained the objection to the question put to the ...
... evidence by the defendant . They were arranged in columns of figures and at the end of each book was a summary or ... evidence were not any evidence of an express warranty ; and also sustained the objection to the question put to the ...
Strana 40
... evidence of quantity and quality , and that the seller is , by said usage , deemed to warrant that they correspond . " And that the timber was in a raft , so that the logs could not be turned over without taking the raft to pieces ...
... evidence of quantity and quality , and that the seller is , by said usage , deemed to warrant that they correspond . " And that the timber was in a raft , so that the logs could not be turned over without taking the raft to pieces ...
Strana 42
... evidence is inadmissible . ( Thompson v . Ashton , 14 Johns . , 316 ; Hinton v . Locke , 5 Hill , 437 ; Beirne v ... evidence offered by the defendant , it was clearly proper to direct the jury to find a verdict for the plaintiffs , for ...
... evidence is inadmissible . ( Thompson v . Ashton , 14 Johns . , 316 ; Hinton v . Locke , 5 Hill , 437 ; Beirne v ... evidence offered by the defendant , it was clearly proper to direct the jury to find a verdict for the plaintiffs , for ...
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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.