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 34
... liable to the defendant , Post , and in the amount of damage which he sustained by their doing so , and that such damage should be allowed to the defendant . To which the plaintiffs ' Counsel excepted . That the rent was not divisible ...
... liable to the defendant , Post , and in the amount of damage which he sustained by their doing so , and that such damage should be allowed to the defendant . To which the plaintiffs ' Counsel excepted . That the rent was not divisible ...
Page 40
... liable to pay anything for the part they actually enjoyed . The contrary was held in Etheridge v . Osborn , 12 Wend . 529 . The same rule is asserted in Lawrence v . French , 25 Wend . 443-447 . The observations of the Court in the case ...
... liable to pay anything for the part they actually enjoyed . The contrary was held in Etheridge v . Osborn , 12 Wend . 529 . The same rule is asserted in Lawrence v . French , 25 Wend . 443-447 . The observations of the Court in the case ...
Page 41
... liable to pay , upon the principle of a quantum meruit , for that which they have actually enjoyed . I think , therefore , that the jury were erroneously instructed as to the legal effect of the fact , which they found in answer to the ...
... liable to pay , upon the principle of a quantum meruit , for that which they have actually enjoyed . I think , therefore , that the jury were erroneously instructed as to the legal effect of the fact , which they found in answer to the ...
Page 54
... liable , he might naturally provide , that he should control the consideration , so far , that if his performance failed for the want of such co- operation , he would not both lose the consideration and remain liable on his agreement ...
... liable , he might naturally provide , that he should control the consideration , so far , that if his performance failed for the want of such co- operation , he would not both lose the consideration and remain liable on his agreement ...
Page 69
... liable . The learned Judge found , among his conclusions of law , that the presumption was , that the flat boats were unseaworthy at the time the goods were put on board of them . He deduces this result Van Valkenburgh v . The Astor ...
... liable . The learned Judge found , among his conclusions of law , that the presumption was , that the flat boats were unseaworthy at the time the goods were put on board of them . He deduces this result Van Valkenburgh v . The Astor ...
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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.