Reports of Practice Cases, Determined in the Courts of the State of New York, Volume 2John Voorhies, 1867 |
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Page 43
... auctioneers to sell a stock of goods . The cause was tried on the seventh day of March , 1862 , be fore Mr. Justice WHITE , and a jury . The facts are stated in the Leeds v . Bowen . *** opinion of the court NEW SERIES : VOL . II . 43.
... auctioneers to sell a stock of goods . The cause was tried on the seventh day of March , 1862 , be fore Mr. Justice WHITE , and a jury . The facts are stated in the Leeds v . Bowen . *** opinion of the court NEW SERIES : VOL . II . 43.
Page 44
... jury that unless there was an agreement in writing , made be- tween the parties , the plaintiffs were not entitled to recover a greater amount than two and a half per cent . , upon the amount of the sales actually made by them . The ...
... jury that unless there was an agreement in writing , made be- tween the parties , the plaintiffs were not entitled to recover a greater amount than two and a half per cent . , upon the amount of the sales actually made by them . The ...
Page 52
... jury that if they believed the figures were made by Brown , as a substitute for his proper name , intending thereby to bind himself as en- dorser , he was liable ; and this ruling was sustained on review . So it has been held by the ...
... jury that if they believed the figures were made by Brown , as a substitute for his proper name , intending thereby to bind himself as en- dorser , he was liable ; and this ruling was sustained on review . So it has been held by the ...
Page 62
... jury . On the closing of the plaintiff's case , the judge dismissed the complaint , on the ground that the courts of this State had no jurisdiction to try the action , the cause of action being in the nature of a penalty , prescribed by ...
... jury . On the closing of the plaintiff's case , the judge dismissed the complaint , on the ground that the courts of this State had no jurisdiction to try the action , the cause of action being in the nature of a penalty , prescribed by ...
Page 80
... jury shall be discharged , and judgment of discontinuance shall be ren- dered against the plaintiff ( 2 Rev. Stat . , 409 , § 3 ) . In this mat- ter , the defendants were proceeded against as public officers for an alleged contract ...
... jury shall be discharged , and judgment of discontinuance shall be ren- dered against the plaintiff ( 2 Rev. Stat . , 409 , § 3 ) . In this mat- ter , the defendants were proceeded against as public officers for an alleged contract ...
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Common terms and phrases
46 Barb administrator de bonis affidavit agreement alleged amount application appointed assets assignment attorney authority Bank Birdsall Brooks cause of action charge claim Code common law complaint contract corporation costs counsel court of appeals court of equity creditors debt deceased decision decree deed defendant defendant's demurrer denied discharge dollars dower entitled evidence ex rel execution executor facts fendant fraud granted ground habeas corpus injunction issue James Brooks Jonathan Walton judge judgment jurisdiction jury justice liability Limburger Livingston Livingston's Petition mandamus Mary O'Hara ment mortgage motion objection opinion paper parties payment person plaintiff present proceedings provision question reason recover reference rendered Ruckman rule set-off special term Stat statute suit supreme court Supreme Ct surrogate taxes testator testimony thereof tion trial trustees unadministered verdict Wend wife William Winter witness York
Popular passages
Page 6 - ... grant, bargain, sell, alien, remise, release, convey and confirm unto the said party of the second part, and to his heirs and assigns forever, all that certain lot, piece or parcel of land, &c.
Page 299 - Where the trial of an issue of fact shall require the examination of a long account on either side ; in which case the referees may be directed to hear and decide the whole issue, or to report , upon any specific question of fact involved therein ; or, 2.
Page 75 - ¡-o contracted, unless the same shall be commenced within two years from the time he shall have ceased to be a stockholder...
Page 73 - All the stockholders of every company incorporated under this act, shall be severally individually liable to the :! creditors of the company in which they are stockholders, to an amount equal to the amount of stock held by them respectively...
Page 419 - I give, bequeath and devise all the rest, residue and remainder' of my estate of every description, of which I shall die seised and possessed.
Page 491 - ... an action, when the summons is delivered, with the intent that it shall be actually served, to the sheriff...
Page 491 - An action is commenced as to each defendant when the summons is served on him, or on a co-defendant, who is a joint contractor, or otherwise united in interest with him.
Page 494 - In an order affecting a substantial right made in such action, when such order in effect determines the action and prevents a judgment from which an appeal might be taken...
Page 553 - Where a document is by this Act declared to be admissible in evidence, such document shall, on its production from the proper custody, be admissible in evidence in any court or before any person having by law or consent of parties authority to receive evidence, and, subject to all just exceptions, shall be evidence of the matters stated therein in pursuance of this Act or by any officer in pursuance of his duties as such officer.
Page 525 - If, when the cause of action shall accrue against any person, he shall be out of the state, such action may be commenced within the terms herein respectively limited, after the return of such person into this state ; and, if after such cause of action shall have accrued, such person shall depart from and reside out of this state...