Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volume 40Gould, Banks & Gould, 1864 |
From inside the book
Results 6-10 of 100
Page 130
... proof in the case of any other meaning . ( 2. ) No ambi- guity either latent or patent . ( 3. ) No authority under the laws of evidence to pervert or change the word . 3. The referee has found that the paper receipt controls and cannot ...
... proof in the case of any other meaning . ( 2. ) No ambi- guity either latent or patent . ( 3. ) No authority under the laws of evidence to pervert or change the word . 3. The referee has found that the paper receipt controls and cannot ...
Page 131
... proof of a distinct parol contract relative to terms not noticed in the writing , and showing that the writing was confined to one branch of the transaction , may be received . " So in 3 Starkie's Evidence , 1040. " Where , how- ever ...
... proof of a distinct parol contract relative to terms not noticed in the writing , and showing that the writing was confined to one branch of the transaction , may be received . " So in 3 Starkie's Evidence , 1040. " Where , how- ever ...
Page 139
... dredge ; that the use of a spark - catcher upon the smoke - stack of a boiler such as was used upon this steam dredge was never known ( as far Teall v . Barton . as the proof disclosed ) MONROE SEPTEMBER , 1863 . 139.
... dredge ; that the use of a spark - catcher upon the smoke - stack of a boiler such as was used upon this steam dredge was never known ( as far Teall v . Barton . as the proof disclosed ) MONROE SEPTEMBER , 1863 . 139.
Page 140
... proof disclosed ) except by the defendants on this dredge , even when such dredges were being used in close proximity to buildings during high winds , but the same had been procured by these defendants as an unusual and extra- ordinary ...
... proof disclosed ) except by the defendants on this dredge , even when such dredges were being used in close proximity to buildings during high winds , but the same had been procured by these defendants as an unusual and extra- ordinary ...
Page 173
... proof aliunde , and the assignment avoided in that way , but I do not think they are to be presumed , in the absence of all evidence . The legal intendments , I suppose , are all in favor of the validity of assignments , the same as of ...
... proof aliunde , and the assignment avoided in that way , but I do not think they are to be presumed , in the absence of all evidence . The legal intendments , I suppose , are all in favor of the validity of assignments , the same as of ...
Other editions - View all
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.