Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volumen27Gould, Banks & Gould, 1859 |
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Página 69
... fact , that such subscriptions had been made that these commissioners , who acted as the rep- resentatives in effect , and on behalf of the defendants , were Bank of Rome v . Village of Rome . expressly ONONDAGA - APRIL , 1858 , 69.
... fact , that such subscriptions had been made that these commissioners , who acted as the rep- resentatives in effect , and on behalf of the defendants , were Bank of Rome v . Village of Rome . expressly ONONDAGA - APRIL , 1858 , 69.
Página 77
... effect , amounts to a waiver . " There is another class of cases where the principle is well settled that wherever a right of action by one party depends upon his demanding performance of some act , or the execu- tion of some instrument ...
... effect , amounts to a waiver . " There is another class of cases where the principle is well settled that wherever a right of action by one party depends upon his demanding performance of some act , or the execu- tion of some instrument ...
Página 78
... effect , Blood v . Goodrich , 9 Wend . 68. ) So where A. promises to convey land to B. as soon as the latter shall pay A. a certain sum of money , and A. conveys the land to a stranger , it is held that B. is at once entitled to his ...
... effect , Blood v . Goodrich , 9 Wend . 68. ) So where A. promises to convey land to B. as soon as the latter shall pay A. a certain sum of money , and A. conveys the land to a stranger , it is held that B. is at once entitled to his ...
Página 87
... effect ; and such third person might have been called as a witness by the plaintiff . If he was so , I do not consider that the defendant would be thereby entitled to examine himself . And the reason is , that although such third person ...
... effect ; and such third person might have been called as a witness by the plaintiff . If he was so , I do not consider that the defendant would be thereby entitled to examine himself . And the reason is , that although such third person ...
Página 88
... effect to any material extent , yet perhaps it would be proper evi- dence for the consideration of the jury , as bearing upon the credibility of Quimby , and as tending to show that a demand which by his testimony was shown to be vested ...
... effect to any material extent , yet perhaps it would be proper evi- dence for the consideration of the jury , as bearing upon the credibility of Quimby , and as tending to show that a demand which by his testimony was shown to be vested ...
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Términos y frases comunes
alleged appear applied assignment authority bank Barb Beekman bequest breach cause of action charge charitable claim clause codicil commissioners of highways common law complaint condition construction contract conveyance conveyed corporation counsel court court of equity covenant cy pres damages debt deed defendant defendant's demurrer devise direction duty entitled evidence execution executors fact forfeiture fund grant grantor ground heirs held intention interest James Ridgeway judge judgment jury justice land landlord lease legislature lessee lessor liable McCaughal ment mortgage negligence nonsuit object Olmstead paid parties payment Pell person plaintiff plank road possession premises provisions purchase purpose question quia emptores rail road Randell re-entry real estate recover Rensselaer rent road company rule sheriff Smith special term Stephen Van Rensselaer Steuben county sufficient suit tenant tenure testator thereof tion town town of Galen trusts valid void Wend wife York
Pasajes populares
Página 484 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
Página 493 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Página 336 - The finding of the referee or commissioner upon the whole issue must stand as the finding of the court, and upon filing of the finding with the clerk of the court, judgment may be entered thereon in the same manner as if the action had been tried by the court.
Página 576 - ... accompanied by a detailed statement thereof, into the treasury of the state to the credit of the general fund.
Página 557 - Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him, to have been so made, to each of the attesting witnesses.
Página 311 - ... actions at law and suits in equity and the forms of such actions and suits are prohibited by our constitution.
Página 80 - If the action is upon a negotiable promissory note or bill of exchange, which has been assigned to the plaintiff after it became due, a...
Página 558 - There shall be at least two attesting witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the testator.
Página 518 - ... road or highway, thus intersected, to its former state, or in a sufficient manner not to unnecessarily impair its usefulness or injure its franchises.
Página 304 - ... in trust or otherwise, more than one-half part of his or her estate, after the payment of his or her debts, and such devise or bequest shall be valid to the extent of one-half, and no more.