New Cases: Selected Chiefly from Decisions of the Courts of the State of New York, Volume 31Ward & Peloubet, 1894 |
From inside the book
Results 1-5 of 71
Page 1
... necessary before suing on executor's bond , vol . xxvi , p . 299 . Accounts , distinction between action on an account and action for an account , vol . xxviii , p . 236 ; vol . xxxi , p . 191 . Acknowledgment , certificate , vol . xiv ...
... necessary before suing on executor's bond , vol . xxvi , p . 299 . Accounts , distinction between action on an account and action for an account , vol . xxviii , p . 236 ; vol . xxxi , p . 191 . Acknowledgment , certificate , vol . xiv ...
Page 30
... necessary parties , yet without such parties , an action may be maintained to compel the parties to the fraud , and those who subsequently aided in its consummation , to account as trustees ex malefico for what- ever they have received ...
... necessary parties , yet without such parties , an action may be maintained to compel the parties to the fraud , and those who subsequently aided in its consummation , to account as trustees ex malefico for what- ever they have received ...
Page 35
... necessary party and was not before the court ; that the defendant Jewett had been discharged as receiver before the commencement of the action , and that the N. Y. , Lake Erie and Western R. R. Co. was not liable for acts happening ...
... necessary party and was not before the court ; that the defendant Jewett had been discharged as receiver before the commencement of the action , and that the N. Y. , Lake Erie and Western R. R. Co. was not liable for acts happening ...
Page 37
... set aside the deed of December 30 , 1876 , and the subsequent conveyances and liens , but to such an action the subsequent grantees and holders of liens are necessary Pondir v . N. Y. , Lake Erie , etc. ABBOTT'S NEW CASES . 37.
... set aside the deed of December 30 , 1876 , and the subsequent conveyances and liens , but to such an action the subsequent grantees and holders of liens are necessary Pondir v . N. Y. , Lake Erie , etc. ABBOTT'S NEW CASES . 37.
Page 38
... necessary parties , for no relief could be granted against them , and in this case , for a stronger reason , the Northwestern Mining and Exchange Company and the New York , Lake Erie and Western Coal and Railroad Company are not necessary ...
... necessary parties , for no relief could be granted against them , and in this case , for a stronger reason , the Northwestern Mining and Exchange Company and the New York , Lake Erie and Western Coal and Railroad Company are not necessary ...
Contents
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Common terms and phrases
action was brought affidavit agreement alimony alleged amended Ammidown amount apply assignment attorney Barb Barr bills of lading cause of action Citing claim Code Civ coffee common law complaint contract corporation costs court of equity creditors damages deceased decree defendant defendant's demurrer deposit direct entitled equity evidence examination execution fraud Gindre granted ground held injury interest issue J. M. Edwards judge judgment jurisdiction jury justice Kaliske Kinyon Lake Erie land lease lien Lithographic marriage matter ment mortgage motion N. W. Rep N. Y. Supp N. Y. Supreme Court Neiberg opinion owner paid parties payment person plaint plaintiff pleaded premises proceeds purchase question R. R. Co Railway reason received recover reference Rio de Janeiro rule Smith Special Term statute stipulation sustained testimony thereof tion trial trust verdict Weekly Dig Wetmore witness York
Popular passages
Page 473 - Future estates are either vested or contingent : They are vested when there is a person in being who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate...
Page 317 - ... the province of the jury to determine the credibility of the witnesses and the weight and value of their testimony.
Page 292 - It shall be the duty .of the owner of any aforesaid establishment, or his agent, superintendent or other person in charge of the same, to furnish and supply, or cause to be furnished and supplied...
Page 255 - Within twenty days after a pleading, or the answer or demurrer thereto, is served, or at any time before the period for answering it expires, the pleading may be once amended by the party, of course, without costs, and without prejudice to the proceedings already had.
Page 89 - The absolute power of alienation is suspended, when there are no persons in being by whom an absolute fee in possession can be conveyed.
Page 68 - The case was submitted to the jury, who found a verdict for the plaintiff...
Page 262 - Where, in a matter of account, the sum total of the accounts of both parties, proved to the satisfaction of the justice, exceeds four hundred dollars.
Page 89 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of two lives in being at the creation of the estate, except in the single case mentioned in.
Page 365 - The inviolability of the person is as much invaded by a compulsory stripping and exposure as by a blow. To compel any one, and especially a woman to lay bare the body, or to submit it to the touch of a stranger, without lawful authority, is an indignity, an assault and a trespass...
Page 404 - Jacob 4 for the product of or substitute for the original thing still follows the nature of the thing itself, as long as it can be ascertained to be such...