Reports of Cases Decided in the Court of Appeals of the State of New York, Volumen43New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Edward Jordan Dimock, Edmund Hamilton Smith, Hiram Edward Sickels, Louis J. Rezzemini, Edwin Augustus Bedell, James Newton Fiero, Alvah S. Newcomb Lawyers Co-operative Publishing Company, 1871 |
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accumulation action affirmed agreement alleged ALLEN amount appellant apply appraisement assessment assessors authority Bank Barb bequest bill bill of exchange charge cited City of Poughkeepsie claim clause complaint contract corporation damages daughters David McIlwain death debt deceased defendant devise direct effect entitled evidence executors fact fee simple FOLGER Forest Manice given HAND-VOL held illegal income intent interest issue judges concurring judgment jury land larceny legislature liability Lockwood ment mortgage Opinion owner paid Paige parties payable payment PECKHAM personal estate Perzel plaintiff plaintiff in error possession premises prisoner proceedings provisions purpose question RAPALLO real estate received referee rents residuary estate respondent reversed rule rule against perpetuities shares Special Term Statement statute Supreme Court testator's thereof tion town of Oswegatchie trial trust usurious valid verdict vested void Wend widow Yale College York
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Página 279 - For no country ever takes notice of the revenue laws of another. " <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...
Página 499 - The absolute ownership of personal property shall not be suspended by any limitation or condition, for a longer period than during the continuance and until the termination of not more than two lives in being at the date of the instrument containing such limitation or condition ; or, if such instrument be a last will and testament, for not more than two lives in being at the death of the testator.
Página 506 - The law has so high a regard for human life that it will not Impute negligence to an effort to preserve It, unless made under such circumstances as to constitute rashness in the Judgment of prudent persons.
Página 325 - Signed sealed published and declared by the said Joseph Williamson as and for a Codicil to his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
Página 17 - The assent of two-thirds of the members elected to each branch of the Legislature shall be requisite to every bill appropriating the public moneys or property for local or private purposes.
Página 276 - The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Página 570 - The killing of a human being, unless it is excusable or justifiable, is murder in the first degree, when committed : 1. From a deliberate and premeditated design to effect the death of the person killed, or of another ; or 2.
Página 143 - ... or interests are to be affected by the proceedings may show cause against granting the prayer of the petition, and may disprove any of the facts alleged in it.
Página 13 - No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title.
Página 440 - No person having a husband, wife, child or parent, shall, by his or her last will and testament, devise or bequeath to any benevolent, charitable, literary, scientific, religious or missionary society, association or corporation, 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.