Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volumen39 |
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Página 1
... existence or to prove any state of facts inconsistent with that admission . a . Thus , when the complaint avers that the contract sued on was made by the defendant , and the answer expressly admits such averment , the defendant can not ...
... existence or to prove any state of facts inconsistent with that admission . a . Thus , when the complaint avers that the contract sued on was made by the defendant , and the answer expressly admits such averment , the defendant can not ...
Página 16
... existence of the equities hereinafter referred to , nor any evidence given on the part of the defense , the court could not do otherwise than direct a verdict for the plaintiffs . I have thus far considered the question presented by ...
... existence of the equities hereinafter referred to , nor any evidence given on the part of the defense , the court could not do otherwise than direct a verdict for the plaintiffs . I have thus far considered the question presented by ...
Página 99
... existence of any such property . The learned judge evidently based this finding upon the idea that the property at Topping's could have been levied on by the defendant if he had known where it was , and that knowing that property had ...
... existence of any such property . The learned judge evidently based this finding upon the idea that the property at Topping's could have been levied on by the defendant if he had known where it was , and that knowing that property had ...
Página 137
... existence will , upon the fund coming into existence , operate as an equitable assign- ment ; but if the fund never comes into existence , the order can only operate as an executory contract to assign , a breach of which may give a ...
... existence will , upon the fund coming into existence , operate as an equitable assign- ment ; but if the fund never comes into existence , the order can only operate as an executory contract to assign , a breach of which may give a ...
Página 149
... only of the drawers who are sued . Such orders to pay a part of a fund , not in existence , have been held several times , to be assignments , al- Opinion of the Court , by SEDGWICK , J. though RISLEY v . SMITH . 149.
... only of the drawers who are sued . Such orders to pay a part of a fund , not in existence , have been held several times , to be assignments , al- Opinion of the Court , by SEDGWICK , J. though RISLEY v . SMITH . 149.
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Términos y frases comunes
acceptance adultery affirmed agent agreed agreement alleged amount answer assessment assignment attorney Barb bonds cause of action cents charge claim complaint concurred constitute contract costs counsel court of appeals court of equity covenant Cow Bay damages debtor Decided decision deed defendant defendant's delivered delivery demurrer denied effect entered entitled equity evidence execution fact February 24 fendants firm five thousand dollars fraud FREEDMAN Glace Bay ground held holder insured issue judgment judgment debtor jurisdiction jury Ketcham land learned judge lease levy liable lien ment MONELL mortgage motion negligence notice O'Brien Opinion owner paid parties payment person plaintiff possession premises proceedings purchase question reason recover reference respondent SEDGWICK sheriff special term Statement statute statute of frauds sureties thereof tiff tion trade-mark trial trial by jury trustee verdict Wend York
Pasajes populares
Página 380 - Reason and justice seem to prescribe that, at least as a general rule, where a man, by gift or purchase, acquires property from another, with knowledge of a previous contract, lawfully and for valuable consideration made by him with a third person, to use and employ the property for a particular purpose in a specified manner, the acquirer shall not, to the material damage of the third person, in opposition to the contract and inconsistently with it, use and employ the property in a manner not allowable...
Página 387 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Página 300 - A trial is a judicial examination of the issues, whether of law or of fact, in an action or proceeding!
Página 171 - An act, deed, or conveyance, executed or performed by the husband without the assent of his wife, evidenced by her acknowledgment thereof, in...
Página 105 - ... diligence which persons of common prudence are accustomed to use about their own business and affairs. Story, Ag. § 183. For a loss to his principal from neglect of these duties he is liable.
Página 461 - It is undoubtedly settled law that a judgment of a court of competent jurisdiction upon a question directly involved in one suit is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit. If there be any uncertainty...
Página 233 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Página 228 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Página 274 - Upon the trial of a question of fact by the court, its decision shall be given in writing, and shall contain a statement of the facts found and the conclusions of law, separately...
Página 202 - Should the Owner, at any time during the progress of the said Building request any alteration, deviation, additions or omissions from the said contract, he shall be at liberty to do so, and the same shall in no way affect or make void the contract, but will be added to or deducted from the amount of the contract, as the case may be, by a fair and reasonable valuation.