Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volumen20Gould, Banks & Gould, 1858 |
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Página 41
... condition can be erased , or superadded , by the court . It is insisted that this construction will totally defeat the lien . Better so than that a purchaser under the plaintiff's written authority should be compelled to pay twice for ...
... condition can be erased , or superadded , by the court . It is insisted that this construction will totally defeat the lien . Better so than that a purchaser under the plaintiff's written authority should be compelled to pay twice for ...
Página 55
... conditions of a contract , in or- der to its binding obligation , need not be expressed ; where not expressed the law implies them . For instance , a promissory note need not express the rate of interest , or " value received , " nor a ...
... conditions of a contract , in or- der to its binding obligation , need not be expressed ; where not expressed the law implies them . For instance , a promissory note need not express the rate of interest , or " value received , " nor a ...
Página 85
... condition ; but both bodies refused , and the company now applies to the court for a mandamus to compel the supervisors to make the restoration . The powers of the tax commissioners were considered in the case of Adriance vs. these same ...
... condition ; but both bodies refused , and the company now applies to the court for a mandamus to compel the supervisors to make the restoration . The powers of the tax commissioners were considered in the case of Adriance vs. these same ...
Página 141
... condition that the trustees could find an opportunity to invest the surplus remaining after paying the debts . The trustees accordingly loaned to H. $ 6000 upon real estate at New- burgh , which sum S. W. consented to advance towards ...
... condition that the trustees could find an opportunity to invest the surplus remaining after paying the debts . The trustees accordingly loaned to H. $ 6000 upon real estate at New- burgh , which sum S. W. consented to advance towards ...
Página 163
... condition precedent to his obligation to pay ; that action was the call for payment ; and in this respect the case differs from the Goshen and Minisink Turnp . Co. v . Hurtin , ( supra , ) where the promise was to pay as the company ...
... condition precedent to his obligation to pay ; that action was the call for payment ; and in this respect the case differs from the Goshen and Minisink Turnp . Co. v . Hurtin , ( supra , ) where the promise was to pay as the company ...
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Términos y frases comunes
affidavits agent agreement alleged answer appear apply arbitrators assignment authority averred award bank Barb cause of action charge claim clause commenced common law complaint condition constitution contract conveyance conveyed corporation covenant damages debt declares deed defendant delivered delivery demurrer Denio duty Ellicottville entitled evidence executed executor facts fendant flour foreclosure Glen Cove Haight held injury intent interest John judge judgment jury justice land lease legislative legislature liable liquor mandamus Mears ment mortgage notice objection opinion owner paid parol parties payment person plaintiff plaintiff in error plank road possession premises prohibition proof proved provisions purchase question Rail Road Company received recover referee remedy replevin Schenectady sell sheriff sold special term statute sufficient sustained testator thereof tiff tion Toynbee trial trial by jury trust valid void Wend Wynhamer York
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Página 305 - The commissioned officers of the militia shall be commissioned by the Governor; and no commissioned officer shall be removed from office, unless by the Senate on the recommendation of the Governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial, pursuant to law. The present officers of the militia shall hold their commissions subject to removal, as before provided.
Página 234 - That for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered.
Página 213 - THERE is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of . property ; or that sole and despotic dominion which one man claims and exercises over the external things of the world} in total exclusion of the right of any other individual in the universe.
Página 182 - And if any State deems the retail and internal traffic in ardent spirits injurious to its citizens, and calculated to produce idleness, vice or debauchery, I see nothing in the Constitution of the United States to prevent it from regulating and restraining the traffic, or from prohibiting it altogether if it thinks proper.
Página 677 - ... and unless it be performed the devisee can take nothing. If on the contrary the act does not necessarily precede the vesting of the estate, but may accompany or follow it, if this is to be collected from the whole will, the condition is subsequent.
Página 230 - Political therefore, or civil liberty, which is that of a member of society, is no other than natural liberty so far restrained by human laws, and no farther, as is necessary and expedient for the general advantage of the public.
Página 152 - P. 249] , and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.
Página 193 - No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.
Página 234 - The true reason of the remedy ? And then the office of all the judges is always to make such construction as shall suppress the mischief and advance the remedy...
Página 195 - Kinzie et aL contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the constitution.