Reports of Cases Argued and Determined in the Court of Appeals of the State of New York, Volumen41New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand Lawyers Cooperative Publishing Company, 1870 |
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Resultados 1-5 de 87
Página 39
... possession of the testator , or that he ever gave anything for it . This precludes all idea of any estoppel upon the defendant . To create an estoppel , it should have appeared affirmatively , that the testator paid value for it ; that ...
... possession of the testator , or that he ever gave anything for it . This precludes all idea of any estoppel upon the defendant . To create an estoppel , it should have appeared affirmatively , that the testator paid value for it ; that ...
Página 45
... possession , and no other person can justly obtain possession until some act of authority from the owner is proved . Ownership implies possession , and possession is in subordination to title . No proof was given in the present case ...
... possession , and no other person can justly obtain possession until some act of authority from the owner is proved . Ownership implies possession , and possession is in subordination to title . No proof was given in the present case ...
Página 46
... possession , belonging to the estate , in the custody of a bank ; and that both he and the plain- tiff , deposit all moneys thereafter collected therein , to be drawn out only on their joint check , is not authorized by the fact , that ...
... possession , belonging to the estate , in the custody of a bank ; and that both he and the plain- tiff , deposit all moneys thereafter collected therein , to be drawn out only on their joint check , is not authorized by the fact , that ...
Página 47
... possession of the securities and papers of the estate , and refused the plaintiff access to them ; and refused to deliver to the plain- tiff even one half of those securities ; and excluded him from all participation in closing up the ...
... possession of the securities and papers of the estate , and refused the plaintiff access to them ; and refused to deliver to the plain- tiff even one half of those securities ; and excluded him from all participation in closing up the ...
Página 48
... these securities and papers . The defendant refused to permit them to be taken out of his possession . Whatever debts have appeared , the defendant has paid ; Opinion of the Court , per WOODRUFF , J. · 48 [ Sept. , BURT v . BURT .
... these securities and papers . The defendant refused to permit them to be taken out of his possession . Whatever debts have appeared , the defendant has paid ; Opinion of the Court , per WOODRUFF , J. · 48 [ Sept. , BURT v . BURT .
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Términos y frases comunes
affirmed agreement alleged amount appellant applied assignment authority Bank Barb bond cause of action charge cited claim commenced complaint concurring contract convey conveyance counsel court of equity covenant damages DANIELS death debts deceased declared deed defendant defendant's demand Dissenting Opinion district duty entitled error estoppel evidence execution executor fact granted grantor ground GROVER HAND-VOL heirs held holder indorser interest intestate issue JAMES John Jackson judge judgment jury land liable Long Island Railroad LOTT marriage MASON ment mortgage notice Oswego owner paid Paige parties payable payment person plaintiff plaintiff in error possession premises present proceedings promissory note purchase question reason received recover referred remainder rendered respondent reversed Richard Quin rule salt sheriff Special Term Staats Statement statute Supreme Court thereof tion trial trust usury valid vested Wend widow wife witness WOODRUFF
Pasajes populares
Página 76 - Future estates are either vested or contingent. They are vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate.
Página 389 - Each stockholder of any company formed under this act, shall be individually liable to the creditors of such company, to an amount equal to the amount unpaid on the stock held by him, for all the debts and liabilities of such company, until the whole amount of the capital stock so held by him shall have been paid to the company...
Página 29 - The term felony, when used in this act, or in any other statute, shall be construed to mean an offence for which the offender, on conviction, shall be liable by law to be punished by death, or by imprisonment in a State Prison.
Página 387 - ... as they may deem proper. If any stockholder shall neglect to pay any installment as required by a resolution of the board of directors, the said board shall be authorized to declare...
Página 112 - Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Página 566 - The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation ; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Página 334 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Página 387 - ... properly directed to him at the post-office nearest his usual place of residence, stating that he is required to make such payment at the time and place specified in said notice, and that, if he fails to make the same, his stock and all previous payments thereon will be forfeited...
Página 110 - ... the plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable or both where they arise out of : 1.
Página 71 - for and during his natural life, and after his decease to his heirs and their assigns.