Reports of Cases Argued and Determined in the Supreme Court of the State of New York, Svazek 6Wm. & A. Gould, 1845 |
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Strana 24
... general doctrine that you may waive a tort and take your remedy as upon a contract . Why should the tenant be allowed to defeat the recovery of the rent Webber v . Shearman . he owes by gainsaying that 24 CASES IN THE SUPREME COURT .
... general doctrine that you may waive a tort and take your remedy as upon a contract . Why should the tenant be allowed to defeat the recovery of the rent Webber v . Shearman . he owes by gainsaying that 24 CASES IN THE SUPREME COURT .
Strana 27
... contract between the same parties con- cerning the same premises , is the same in substance as if the whole time had been marked out by a single lease . It is in fact a lease from year to year so long as both parties please . Their ...
... contract between the same parties con- cerning the same premises , is the same in substance as if the whole time had been marked out by a single lease . It is in fact a lease from year to year so long as both parties please . Their ...
Strana 28
... contract . must continue ; and the landlord cannot distrain after the de- termination of the lease ; but this writer allows , as we have seen , that a holding over , even at common law , continues the privity . ( Bradb . On Distr . 127 ...
... contract . must continue ; and the landlord cannot distrain after the de- termination of the lease ; but this writer allows , as we have seen , that a holding over , even at common law , continues the privity . ( Bradb . On Distr . 127 ...
Strana 32
... contract or instrument with the additional circumstances de- manded by the statute ; but the safer and better way of plead- ing is to follow the established precedents . ( See 1 Saund . 211 , note ( 2 ) ; id . 276 , note ( 1 ) , and 276 ...
... contract or instrument with the additional circumstances de- manded by the statute ; but the safer and better way of plead- ing is to follow the established precedents . ( See 1 Saund . 211 , note ( 2 ) ; id . 276 , note ( 1 ) , and 276 ...
Strana 35
... is upon their liability . The There are seven sets of counts , each set containing four counts , so that the pleader has set out each of the four contracts The State of Indiana v . Woram . on which ROCHESTER , OCTOBER , 1843 . 35.
... is upon their liability . The There are seven sets of counts , each set containing four counts , so that the pleader has set out each of the four contracts The State of Indiana v . Woram . on which ROCHESTER , OCTOBER , 1843 . 35.
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action adverse possession affidavit afterwards Albany alleged American Exchange Bank appear assumpsit attorney averment avowry bank bond BRONSON cause certiorari charge circuit judge city of New-York claim commenced common carriers common law common pleas contract conveyance corporation costs count Cowen creditor damages debt decision declaration deed defendant in error defendant's delivered demise demurrer discharge distrain ejectment endorsed entitled evidence execution executors fact favor feme covert fendant fraud granted ground heirs held Hill intended issue John judgment jurisdiction jury justice land landlord lease liable lien Manice ment Morris Canal mortgage motion nonsuit notice objection opinion owner paid party payment person plaintiff in error pleaded possession premises proceedings proved purchaser question recover rent replevin rule sheriff statute suit supreme court tenant tiff tion trial trover usury verdict void warrant Wend Winkle witness writ writ of right
Oblíbené pasáže
Strana 514 - ... shall be deemed to be the true owner thereof, so far as to give validity to any contract made by such agent with any other person, for the sale or disposition of the whole or any part of such merchandise...
Strana 570 - To divide, withdraw, or in any manner pay to the stockholders, or any of them, any part of the capital stock of the corporation ; or to reduce such capital stock without the consent of the legislature ; or 3.
Strana 132 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Strana 442 - All deeds of gift, all conveyances, and all transfers or assignments, verbal or written, of goods, chattels, or things in action, made in trust for the use of the person making the same, shall be void as against the creditors, existing or subsequent, of such person.
Strana 550 - For a violation of this provision he is liable to the party aggrieved for the damages sustained by him, in addition to any fine or other punishment or proceeding authorized by law.
Strana 570 - ... intent to provide the means of making such payment ; or, 4. To receive or discount any note or other evidence of debt, with...
Strana 220 - Such testimony is not only contrary to the statute of frauds, but to the maxims of the common law ; and the rules of evidence on this, as on most other points, are the same in courts of law and of equity.
Strana 177 - To Have and to Hold The same, with the appurtenances, to the party of the second part...
Strana 529 - ... undertake the pastoral office in said congregation ; promising you, in the discharge of your duty, all proper support, encouragement, and obedience in the Lord. And that you may be free from worldly cares and avocations, we hereby promise and oblige ourselves to pay...
Strana 302 - Facts were committed, and the Defendant may plead the General Issue, and give the Special Matter in Evidence...