Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volume 40Gould, Banks & Gould, 1864 |
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Page 14
... brought upon the alleged breach of any other contract , there can be no question that the defend- ant may deny the alleged breach , and set up by way of answer , a counter - claim against the plaintiff , a breach on his part of the same ...
... brought upon the alleged breach of any other contract , there can be no question that the defend- ant may deny the alleged breach , and set up by way of answer , a counter - claim against the plaintiff , a breach on his part of the same ...
Page 16
... brought on a promissory note executed by one Towner Reed , and the defendant Mason Reed as surety , and delivered to the plaintiff . The note was as fol- lows , viz : " $ 450 . Three years from date we jointly and severally promise to ...
... brought on a promissory note executed by one Towner Reed , and the defendant Mason Reed as surety , and delivered to the plaintiff . The note was as fol- lows , viz : " $ 450 . Three years from date we jointly and severally promise to ...
Page 20
... brought the action upon the note as it was originally executed by the de- fendant . This is not the issue . The law decides that any material alteration vitiates the note , unless consented to by the party affected thereby , and the ...
... brought the action upon the note as it was originally executed by the de- fendant . This is not the issue . The law decides that any material alteration vitiates the note , unless consented to by the party affected thereby , and the ...
Page 22
... brought against him for such taking . THE defendant , as sheriff of Monroe county , received an at- tachment issued against the property of Philip Garbutt , and by virtue of it levied upon a quantity of gypsum , or plaster . On the ...
... brought against him for such taking . THE defendant , as sheriff of Monroe county , received an at- tachment issued against the property of Philip Garbutt , and by virtue of it levied upon a quantity of gypsum , or plaster . On the ...
Page 26
... brought by the owner of goods for a conversion thereof , against a tortious taker , in which he recovers the value of the article though enhanced by the labor and skill of the wrongdoer . But that rule does not apply in a case like this ...
... brought by the owner of goods for a conversion thereof , against a tortious taker , in which he recovers the value of the article though enhanced by the labor and skill of the wrongdoer . But that rule does not apply in a case like this ...
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Common terms and phrases
action affidavit affirmed agent agreement alleged amount assessment assignment Auburn City Bank authority Barb bond capital stock charge claim commissioners complaint contract conveyance corporation costs counsel court of equity covenant creditors debts deceased declared deed defendant defendant's demand Denio devise draft Duanesburgh entitled evidence executed executor fact fendant Freyer granted habeas corpus heirs held Herkimer County intended interest judge judgment jurisdiction jury justice land lease legislature Levy liable lien ment mortgage mortgagor N. Y. Rep negligence nonsuit owner paid parties payable payment personal property Peter Fox plaintiff possession premises principle promissory note proof purchase question Rail Road Company real estate received recover referee rent rule Schroeppel Smith statute suit surrogate taxation term testator thereof tiff tion town of Whitestown trial trust United usury valid void wagon Wend wife William W York
Popular passages
Page 496 - AVhere a remainder shall be limited to the heirs, or iifefwhe'nto heirs of the body of a person to whom a life estate, in the same premises...
Page 10 - A cause of action arising out of the contract or transaction, set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 572 - And in that state of things, the officers engaged in its military service might lawfully arrest any one, who, from the information before them, they had reasonable grounds to believe was engaged in the insurrection...
Page 100 - Every contract for the sale of any goods, chattels, or things in action, for the price of fifty dollars or more, shall be void, unless, First.
Page 93 - All persons having an Interest In the subject of the action and In obtaining the relief demanded may join as plaintiffs, and any person may be made a defendant who has or claims an interest adverse to the plaintiff.
Page 89 - Monypenny for and during the term of his natural life ; and, from and immediately after his decease, to the use of the first son of the body of such first son, and the heirs male of his body ; and, in default of such issue...
Page 341 - York of 1828, chap. 18, tit. 3, it was enacted that "the charter of every corporation that shall hereafter be granted by the legislature shall be subject to alteration, suspension, and repeal, in the discretion of the legislature.
Page 217 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Page 494 - To have and to hold the above granted, bargained, and described premises, with the appurtenances, unto the said party of the second part, his heirs and assigns, to his and their own proper use, benefit, and behoof, forever.
Page 371 - An unconditional promise in writing to accept a bill before it is drawn is deemed an actual acceptance in favor of every person who, upon the faith thereof, receives the bill for value.