Reports of Cases Argued and Determined in the Superior Court of the City of New York [1856-1863]: 1856-1856W.C. Little, 1859 |
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Page 28
... action to recover subsequently accruing rent , nor will it give to either of such lessees a right of action which can be interposed as a counter - claim in a suit against the two to recover such rent . Nor will the fact of such ...
... action to recover subsequently accruing rent , nor will it give to either of such lessees a right of action which can be interposed as a counter - claim in a suit against the two to recover such rent . Nor will the fact of such ...
Page 44
... action , such designation may be disregarded , when it appears on the face of the complaint itself , that in truth they are only distinct and several breaches of the agreement copied into the complaint . Therefore , a demurrer cannot be ...
... action , such designation may be disregarded , when it appears on the face of the complaint itself , that in truth they are only distinct and several breaches of the agreement copied into the complaint . Therefore , a demurrer cannot be ...
Page 47
... action , plaintiff says that on the 19th day of May , A. D. one thousand eight hundred and fifty - five , the further sum of two thousand dollars became due from the said defendants to the said plaintiff , other parcel of the sum of ...
... action , plaintiff says that on the 19th day of May , A. D. one thousand eight hundred and fifty - five , the further sum of two thousand dollars became due from the said defendants to the said plaintiff , other parcel of the sum of ...
Page 48
... action stated in the complaint , that they demur thereto because it appears upon the face of the complaint that several causes of action have been improperly united therein . " The directory part of the order appealed from , reads thus ...
... action stated in the complaint , that they demur thereto because it appears upon the face of the complaint that several causes of action have been improperly united therein . " The directory part of the order appealed from , reads thus ...
Page 50
... action , it should have been included in the first claim or division ; the failure to pay the second instalment was a part of the plaintiff's cause of action , and not a separate cause of action . IV . The third claim or division of the ...
... action , it should have been included in the first claim or division ; the failure to pay the second instalment was a part of the plaintiff's cause of action , and not a separate cause of action . IV . The third claim or division of the ...
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Reports of Cases Argued and Determined in the Superior Court of the City of ... Joseph S. Bosworth No preview available - 2020 |
Common terms and phrases
affidavit aforesaid agent agreed agreement alleged American Express Company amount answer appear applied April assignment authority Bettner bill bill of lading bona fide purchaser BOSWORTH camphene cause of action charge claim Clarke Code commenced complaint condition contract Corporation counsel Court Court of Equity Cranston creditors damage David debt decision defendant's defendants delivered demurrer denied Dennistoun dollars DUER duty endorsed entitled evidence execution Express Company facts firm Ford Hamilton Fire held insured interest Judge judgment Judson jury Justice Laura Keene lease liable lien loss ment mortgage motion notice opinion owner paid parties payable payment peril person pier plaintiff possession premises proof property insured proved purchaser question received recover refusal rent sell sheriff Slingerland sold statute testator thereof tiff tion Townsend trial trustee Turner verdict vessel void Wend wharfage William Moultrie witness WOODRUFF York
Popular passages
Page 161 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present...
Page 108 - Massachusetts, of the second part, witnesseth : That the said party of the first part, for and in consideration of the sum of one dollar, lawful money of the United States of America, to him in hand paid, by the said party of the second part, at or before the ensealing and delivery of these presents...
Page 130 - Know all men by these presents, that I, Hattie C. Ruddell, of the county of Beaufort and state of South Carolina, being in ill health but of sound and disposing mind and memory, do make and publish this, my last will and testament...
Page 71 - Steamship, being tight, staunch and, strong, and in every way fitted for the voyage...
Page 410 - An attempt to commence an action is deemed equivalent to the commencement thereof, within the meaning of this title, •when the summons is delivered, with the intent that it shall be actually served, to the sheriff...
Page 205 - Such notes, made payable to the order of the maker thereof, or to the order of a fictitious person, shall, if negotiated by the maker, have the same effect and be of the same validity as against the maker and all persons having knowledge of the facts as if payable to bearer.
Page 197 - All the stockholders of every company incorporated under this act, shall be severally, individually liable to the creditors of the company in which they are stockholders, to an amount equal to the amount of stock held by them respectively...
Page 420 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Page 130 - Signed, sealed, published and declared by the said testator, BA as and for his last will and testament, in the presence of us who have subscribed our names as witnesses thereto, in the presence of the said testator. RA SD LT NOTE. — ^The testator after taking off his seal, must in presence of the witnesses pronounce these words, " I publish and declare this to be my last will and testament.
Page 651 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2.