Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 22New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Edward Jordan Dimock, Edmund Hamilton Smith, Hiram Edward Sickels, Louis J. Rezzemini, Alvah S. Newcomb, Edwin Augustus Bedell, James Newton Fiero Lawyers Co-operative Publishing Company, 1861 |
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action adverse possession affirmed agent alleged amount appeal application appointment assignment attorney authority Bissell bond camphene Cashan charge charter chose in action claimed clause clerks common law Constitution contract corporation counsel Court of Chancery court of equity creditors debt declared deed defendant defendant's DENIO entitled equity error evidence execution fact favor granted ground held Henry W Indiana Railroad Companies indictment indorsed injury Insurance Company intended interest judges concurring judgment jury justice land legislature liability lien Lord lumber matter ment Michigan Southern mortgage mortgagor Northern Indiana Railroad notice offence Ogden opinion owner party payment person plaintiff plaintiff in error possession premises principle provision purchase question reason received referred respect rule Smith SMITH.-VOL Southern and Northern statute stockholders Supreme Court term testator thereof tion trial trust ultra vires usury void witness York
Popular passages
Page 139 - All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose.
Page 194 - ... death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Page 105 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Page 348 - Such agents have duties to discharge of a fiduciary nature towards their principal and it is a rule of universal application, that no one, having such duties to discharge, shall be allowed to enter into engagements in which he has, or can have, a personal interest conflicting, or which possibly may conflict, with the interests of those whom he is bound to protect.
Page 392 - every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 113.
Page 194 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 69 - SECRETARY OF STATE OF THE UNITED STATES. " To all to whom these presents may come, greeting : " Know ye that the Congress of the United States...
Page 337 - ... either in consequence of contract, or as trustee, or as the holder of a legal title acquired by any species of mala fides practiced on the plaintiff, the principles of equity give a court jurisdiction wherever the person may be found, and the circumstance, that a question of title may be involved in the inquiry, and may even constitute the essential point on which the case depends, does not seem sufficient to arrest that jurisdiction.
Page 333 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Page 288 - Offend against any of the provisions of the act or acts creating, altering, or renewing such corporation ; or, 2. Violate the provisions of any law by which such corporation shall have forfeited its charter by abuse of its powers ; or, 3.