Reports of Cases Argued and Determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York [1828-1841], Svazek 20Gould, Banks & Company, 1846 |
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Strana 24
... necessary to give jurisdiction must be distinctly alleged , or the proceeding cannot be upheld . In this case the proceeding before the recorder should be quashed , and restitution ordered . Ordered accordingly . NELLIS VS. CLARK ...
... necessary to give jurisdiction must be distinctly alleged , or the proceeding cannot be upheld . In this case the proceeding before the recorder should be quashed , and restitution ordered . Ordered accordingly . NELLIS VS. CLARK ...
Strana 37
... necessary to distinguish between an illegal contract in the strict sense of that term , and one fraudulent as it respects credi- tors . The former is altogether void , and cannot be made the foundation of an action . Ex dolo malo non ...
... necessary to distinguish between an illegal contract in the strict sense of that term , and one fraudulent as it respects credi- tors . The former is altogether void , and cannot be made the foundation of an action . Ex dolo malo non ...
Strana 41
... necessary to escape it , would be to extend the payment so as to ensure the experiment by creditors , before it became due . I am of opinion that a new trial should be denied . A majority of the court , however , being of a different ...
... necessary to escape it , would be to extend the payment so as to ensure the experiment by creditors , before it became due . I am of opinion that a new trial should be denied . A majority of the court , however , being of a different ...
Strana 60
... necessary on the trial to establish the truth of the charges , but necessary there only . A particular description is given of the places mentioned in the libel whence the filthy water was taken , where collected and deposited in the ...
... necessary on the trial to establish the truth of the charges , but necessary there only . A particular description is given of the places mentioned in the libel whence the filthy water was taken , where collected and deposited in the ...
Strana 61
... necessary that the pleader should extend his justification beyond it . The error on this point has led to great and perplexing prolixity , which should be avoided , as its effect is to confuse and embarrass the issue and trial ...
... necessary that the pleader should extend his justification beyond it . The error on this point has led to great and perplexing prolixity , which should be avoided , as its effect is to confuse and embarrass the issue and trial ...
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action affidavit agent appear applied assignment assumpsit attorney authority bank bill bona fide purchaser cause certiorari chancellor chancery charge choses in action Church of New-York cited city of New-York claim clause common law contract conveyance counsel court of chancery Cowen creditors damages debt decision declaration decree deed delivered demurrer devise dower Dutch Church entitled evidence execution executors fact feme covert fraud fraudulent ground heir held Insurance intent interest issued Johns judge judgment jury Kleeck land leasehold estates legislature lien Lord Mansfield mandamus ment mortgage motion notice objection opinion owner parties payment person plaintiffs in error plea possession premises principle proceedings proof purchaser purpose question real estate received recover replevin residuary devisees rule says sheriff sold statute statute of frauds Stoddard suit supreme court term tion trial vendor verdict vessel void Wendell words writ of error
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Strana 32 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of defendant, but because they will not lend their aid to such a plaintiff.
Strana 520 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Strana 38 - The objection that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed ; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this: Ex dolo malo non oritur actio.
Strana 275 - The universal and fundamental principle of our law of personal property is, that no man can be divested of his property without his consent, and consequently that even the honest purchaser under a defective title cannot hold against the true proprietor.
Strana 360 - For it is not to be presumed that the Legislature intended to make any innovation upon the Common Law further than the case absolutely required.
Strana 373 - It may well be doubted whether the nature of society and of government does not prescribe some limits to the legislative power; and if any be prescribed, where are they to be found, if the property of an individual, fairly and honestly acquired, may be seized without compensation?
Strana 381 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Strana 32 - The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Strana 278 - The holder of a bill of exchange, or promissory note, is not to be considered in the light of an assignee of the payee. An assignee must take the thing assigned, subject to all the equity to which the original party was subject. If this rule applied to bills and promissory notes, it would stop their currency.
Strana 175 - ... and pay him for his trouble. When the evidence was closed the counsel for the defendant stated that he should not question the fact that the parties were mutually in error in supposing that 500 bushels of oats had been put on board when in fact only 250 bushels had been put on board at the time of the bargain in reference to the quantity, but insisted that the bargain was obligatory upon the plaintiff, and that therefore he was not entitled to recover. He also insisted that the proof varied from...