Reports of Cases Argued and Determined in the Court of Appeals of the State of New York, Volumen21New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand Little & Company, 1881 |
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Términos y frases comunes
action affirmed agent agreement alleged amount answer assignment authority Bank Bank of Attica Barb bill bond charge cited claim collateral common law Concurring opinion consideration contract corporation court of equity creditor debtor decision deed defendant defendant's delivered DENIO Dissenting opinion doctrine effect entitled equity evidence execution executor expressed fact favor fendant foreclosure given ground guarantee held indorsed instrument intended interest judge judgment jury land law-day legislature liable lien loan loss ment mortgage mortgagor mutual insurance Nicholas Biddle notice opinion of COMSTOCK original owner paid parol parties pay the debt payment person plain plaintiff Portus Baxter present principle promissor promissory note question received recover referred refused rent reversed rule SELDEN Sir William Johnson statute of frauds sufficient suit supreme court tender term tiff tion took this appeal transaction trial trustees undertaking usury verdict void Wend
Pasajes populares
Página 332 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Página 557 - Montesquieu was guided it may clearly be inferred, that in saying "there can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates...
Página 84 - Corporations may be formed under general laws; but shall not be created by special act, except for municipal purposes, and in cases where in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws. All general laws and special acts passed pursuant to this section, may be altered from time to time or repealed.
Página 461 - In the following cases, every agreement shall be void, unless such agreement, or some note or memorandum thereof, expressing the consideration, be in writing, and subscribed by the party to be charged therewith : — 1. Every agreement that, by its terms, is not to be performed within one year from the making thereof; 2.
Página 540 - No easement exists so long as there is a unity of ownership, because the owner of the whole may, at any time, rearrange the qualities of the several parts. But the moment a severance occurs, by the sale of a part, the right of the owner to redistribute the properties of the respective portions ceases ; and easements or servitudes are created, corresponding to the benefits and burdens mutually existing at the time of the sale.
Página 209 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Página 227 - And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.
Página 484 - ... of its capital, after deducting the assessed value of its real estate, and all shares of stock in other corporations actually owned by such company which are taxable upon their...
Página 257 - Whether the party thus misrepresenting a material fact knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial...
Página 61 - ... which additional cash capital shall be loaned and invested as provided in the eighth section of this act ; and the company may allow an interest on such cash capital, and a participation in its profits, and prescribe the liability of the owner or owners thereof to share in the losses of the company, and such cash capital shall be liable as the capital stock of the company in the payment of its debts...