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
... 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 plaintiff's agents to make exertions ...
... 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 plaintiff's agents to make exertions ...
Strana 16
... ground upon which the rulings excepted to proceeded . And it seems just , also , to say that these rulings were evidently made , not as an expression of the deliberate opinions of the eminent jurist , ( now deceased , ) before whom the ...
... ground upon which the rulings excepted to proceeded . And it seems just , also , to say that these rulings were evidently made , not as an expression of the deliberate opinions of the eminent jurist , ( now deceased , ) before whom the ...
Strana 20
... ground , or that we should direct a dismissal of the complaint , pursuant to the leave reserved at the trial . There is some evidence tending to show that the conduct of the captain in this respect was not of the cha- racter claimed ...
... ground , or that we should direct a dismissal of the complaint , pursuant to the leave reserved at the trial . There is some evidence tending to show that the conduct of the captain in this respect was not of the cha- racter claimed ...
Strana 39
... ground that no warranty of quality had been proved ; and that no express warranty was 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 ...
... ground that no warranty of quality had been proved ; and that no express warranty was 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 ...
Strana 40
... ground of a deficiency in the quantity delivered , it was not necessary to prove any warranty . II . So far as the defense rests , on the ground of a difference in the quality , the bill and inspection book were evidence of a warranty ...
... ground of a deficiency in the quantity delivered , it was not necessary to prove any warranty . II . So far as the defense rests , on the ground of a difference in the quality , the bill and inspection book were evidence of a warranty ...
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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.