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 72
... vessel . He could not recollect the particular month or year when he delivered ink to the defendant ; could not swear positively to any of the items in the plaintiff's account nor could he say in what year the 12 kegs were delivered ...
... vessel . He could not recollect the particular month or year when he delivered ink to the defendant ; could not swear positively to any of the items in the plaintiff's account nor could he say in what year the 12 kegs were delivered ...
Strana 112
... vessels , and for the deposit of wood and other property carried to and from the landing . About the year 1800 , the ... vessel in that year with manure , the acts took place for which the first above suit was brought . The suit against ...
... vessels , and for the deposit of wood and other property carried to and from the landing . About the year 1800 , the ... vessel in that year with manure , the acts took place for which the first above suit was brought . The suit against ...
Strana 132
... vessel and the shore . In Cham- bers v . Furry , 1 Yeates , 167 , the plaintiff , who owned the eas- tern shore of the Susquehannah river , sued the defendant , who had a right of ferriage from the western shore , in trespass for ...
... vessel and the shore . In Cham- bers v . Furry , 1 Yeates , 167 , the plaintiff , who owned the eas- tern shore of the Susquehannah river , sued the defendant , who had a right of ferriage from the western shore , in trespass for ...
Strana 172
... vessels were loaded for Boston . The plaintiffs requested time until the next day to consider whether they would give a fur- ther bond pursuant to the statute , and proceed with the suit , which the defendants granted . The plaintiffs ...
... vessels were loaded for Boston . The plaintiffs requested time until the next day to consider whether they would give a fur- ther bond pursuant to the statute , and proceed with the suit , which the defendants granted . The plaintiffs ...
Strana 177
... vessels , 2 R. S. 493 , § 1. The terms of the act are , whenever a debt shall be contracted " for such pro- visions and stores , furnished within this state , as may be fit and proper for the use of such vessel , " & c . The word ...
... vessels , 2 R. S. 493 , § 1. The terms of the act are , whenever a debt shall be contracted " for such pro- visions and stores , furnished within this state , as may be fit and proper for the use of such vessel , " & c . The word ...
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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
Oblíbené pasáže
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...