Reports of Cases Argued and Determined in the Supreme Court and in the Court for the Correction of Errors of the State of New York, Volume 3Banks & Bros., 1859 |
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Common terms and phrases
action affidavit affirmed alleged amount assignment assumpsit attorn authority averment BEARDSLEY bill bond BRONSON certiorari charge charter party circuit city of New-York commenced common law common pleas contract counsel count covenant Cowen creditor damages debt debtor declaration defendant in error defendant's demand demurrer Denio discharge duty endorser entitled evidence execution fact favor fendant given ground heirs held Hill Hodge indictment intention interest issued judge judgment judgment debtor jury justice land lease legislature lessee lessor liable lien liquors lottery maker ment mortgage non est factum nonsuit notice offence opinion owner paid party payable payment person plaintiff in error pleaded principle promissory note proved provision purchase question real estate recover redeem referred refused rendered rent replevin reversed rule rule in Shelley's Senator sheriff sold Stat suit supreme court surety sustained tenant testator tion trial Ulster County verdict Wend words writ
Popular passages
Page 394 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Page 478 - Wilson. with the possession of any merchandise for the purpose of sale, or as a security for any advances to be made or obtained thereon, shall be deemed to be the true owner thereof, so far as to give validity to any contract made by such agent with any other person...
Page 500 - When a person takes an estate of freehold, legally or equitably, under a deed, will, or other writing, and in the same instrument there is a limitation by way of remainder, either with or without the interposition of another estate, of an interest of the same legal or equitable quality, to his heirs, or heirs of his body, as a class of persons to take in succession, from generation to generation, the limitation to the heirs entitles the ancestor to the whole estate.
Page 301 - When the thing to be done, or omitted to be done, concerns the lands or estate, that is the medium which creates the privity between the plaintiff and defendant.
Page 352 - Bryer, which was the voluntary act of a free agent, over whom the defendant had no control, and for whose acts he is not answerable, that was the immediate cause of the plaintiff's damage.
Page 477 - ... intrusted with the possession of any merchandise for the purpose of sale, or as a security for any advances to be made or obtained thereon, shall be deemed to be the true owner...
Page 311 - It is so notoriously the duty of the actual occupier to repair the fences, and so little the duty of the landlord, that, without any agreement to that effect, the landlord may maintain an action against his tenant for not so doing, upon the ground of the injury done to the inheritance: and deplorable indeed would be the situation of landlords, if they were liable to be harassed with actions for the culpable neglect of their tenants.
Page 130 - Sixty days after date, we jointly and severally promise to pay to the order of John B.
Page 73 - There can be but one final judgment in an action and that is one which in effect ends the suit in the court in which it is entered, and finally determines the rights of the parties in relation to the matter in controversy.
Page 556 - 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.
Bibliographic information
| Title | Reports of Cases Argued and Determined in the Supreme Court and in the Court for the Correction of Errors of the State of New York, Volume 3 |
| Author | Hiram Denio |
| Contributors | New York (State). Supreme Court, New York (State). Court for the Trial of Impeachments and the Correction of Errors |
| Publisher | Banks & Bros., 1859 |
| Original from | Harvard University |
| Digitized | 24 Aug 2007 |
| Export Citation | BiBTeX EndNote RefMan |