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
... rule , precisely , does not apply in an action of this description . The law always allowed a defendant , in an action of this kind , to put in a counter - claim like this , as a shield , and to defeat the plaintiff's action . The same ...
... rule , precisely , does not apply in an action of this description . The law always allowed a defendant , in an action of this kind , to put in a counter - claim like this , as a shield , and to defeat the plaintiff's action . The same ...
Page 17
... rule was formerly more strict than now ; ( 2 Parsons on Cont . 223 et seq . and note . ) To show how much it has been relaxed , I cite the following : Mitchell v . Culver , ( 7 Cow . 336. ) Boyd v . Brotherson , ( 10 Wend . 93. ) Clute ...
... rule was formerly more strict than now ; ( 2 Parsons on Cont . 223 et seq . and note . ) To show how much it has been relaxed , I cite the following : Mitchell v . Culver , ( 7 Cow . 336. ) Boyd v . Brotherson , ( 10 Wend . 93. ) Clute ...
Page 19
... rule is stated in substance the same in Adams v . Frye , ( 3 Metcalf , 103 : see also Smith v . Crooker , 4 Mass . 540 ; Landon v . Paul , 20 Verm . Rep . 217 ; Thornton v . Appleton , 29 Maine Rep . 208 ; and 15 Mass . and 15 Pick ...
... rule is stated in substance the same in Adams v . Frye , ( 3 Metcalf , 103 : see also Smith v . Crooker , 4 Mass . 540 ; Landon v . Paul , 20 Verm . Rep . 217 ; Thornton v . Appleton , 29 Maine Rep . 208 ; and 15 Mass . and 15 Pick ...
Page 26
... rule which prevails in actions 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 ...
... rule which prevails in actions 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 ...
Page 50
... rule courts and judges have issued writs of habeas corpus to inquire into the validity of enlistments , and questions of jurisdiction have not been discussed , because in the practice , so far as I have had experience and knowledge ...
... rule courts and judges have issued writs of habeas corpus to inquire into the validity of enlistments , and questions of jurisdiction have not been discussed , because in the practice , so far as I have had experience and knowledge ...
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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.