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 10
... causes of action : ( 1. ) A cause of action arising out of the contract or transaction set forth in the complaint as ... cause of action arising also on contract , and existing at the commencement of the action . " I understand the words ...
... causes of action : ( 1. ) A cause of action arising out of the contract or transaction set forth in the complaint as ... cause of action arising also on contract , and existing at the commencement of the action . " I understand the words ...
Page 11
... cause of action " connected with the subject of the action . " It is perhaps somewhat difficult to apply these words of the code to the case in hand . It may be said that " the subject " of this action is the alleged wrongful act of the ...
... cause of action " connected with the subject of the action . " It is perhaps somewhat difficult to apply these words of the code to the case in hand . It may be said that " the subject " of this action is the alleged wrongful act of the ...
Page 13
... cause of the action is the breach of the marriage covenant . The mere act of adultery is not the cause of the action . Such act is of no consequence , in the view , and for the purposes of the action , except as it affects the contract ...
... cause of the action is the breach of the marriage covenant . The mere act of adultery is not the cause of the action . Such act is of no consequence , in the view , and for the purposes of the action , except as it affects the contract ...
Page 14
... cause of action , arising out of the contract set forth in the complaint , as the foundation of the plaintiff's claim , and is connected with the subject of the action . The plaintiff's alleged cause of action arises out of a breach of ...
... cause of action , arising out of the contract set forth in the complaint , as the foundation of the plaintiff's claim , and is connected with the subject of the action . The plaintiff's alleged cause of action arises out of a breach of ...
Page 16
... cause was submitted to the court at the circuit , upon the pleadings , note and a written stipulation of facts , and a decision was made in favor of the defendant , from which de- cision the plaintiff appealed . E. G. Lapham , for the ...
... cause was submitted to the court at the circuit , upon the pleadings , note and a written stipulation of facts , and a decision was made in favor of the defendant , from which de- cision the plaintiff appealed . E. G. Lapham , for the ...
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Common terms and phrases
action affidavit affirmed agent agreement alleged amount appears assessment assignment Auburn City Bank authority Barb bond capital stock cause of action charge claim complaint contract conveyance corporation costs counsel court of equity covenant Crane creditors debts deed defendant defendant's demand devise draft Duanesburgh entitled evidence executed executor fact fendant granted habeas corpus heirs held indorser intended interest John Freyer judge judgment jurisdiction jury justice land lease legislature Levy liable lien ment mortgage N. Y. Rep negligence nonsuit Ontario county owner paid parties payable payment personal property plaintiff possession premises principle promissory note proof purchase purpose question Rail Road Company real estate received recover referee rent rule Schroeppel Smith statute suit taxation term testator thereof tiff tion town of Whitestown trial trust United usury valid void W. A. Freyer 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.