City Court Reports: Containing Decisions of the Marine Court of the City of New York, And, Occasionally of the Other City Courts of Record, Volume 1H. M. Tobitt, 1883 - Law reports, digests, etc |
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Page 14
... contract for benefit of the assignee , defendant cannot set off demands acquired subsequent to the assignment , though before notice of it ( Mead e . Gillett , 19 Wend . 397 ; Martin e . Kunzmuller , 37 N. Y. 396 ) . Lempke v . Peterson ...
... contract for benefit of the assignee , defendant cannot set off demands acquired subsequent to the assignment , though before notice of it ( Mead e . Gillett , 19 Wend . 397 ; Martin e . Kunzmuller , 37 N. Y. 396 ) . Lempke v . Peterson ...
Page 34
... contract debts and liabilities of a mu . nicipal corporation incurred in the government of its municipality ( and which are , as a rule , enforceable against it in like manner as if it were a private corpo- ration managing its ...
... contract debts and liabilities of a mu . nicipal corporation incurred in the government of its municipality ( and which are , as a rule , enforceable against it in like manner as if it were a private corpo- ration managing its ...
Page 36
... contract with the defendant Horace Waters , in three separate parts - one executed by Rathbun and the others by Waters . These various writings are to be construed as parts of one contract ( Cornell v . Todd , 2 Den . 130 ; Rawson v ...
... contract with the defendant Horace Waters , in three separate parts - one executed by Rathbun and the others by Waters . These various writings are to be construed as parts of one contract ( Cornell v . Todd , 2 Den . 130 ; Rawson v ...
Page 38
... contracts before referred to . It will have been observed , from the peculiar condi- tions of the contract , that Rathbun received possession of the piano on what is commonly known as a time contract , upon the conditional sale , or ...
... contracts before referred to . It will have been observed , from the peculiar condi- tions of the contract , that Rathbun received possession of the piano on what is commonly known as a time contract , upon the conditional sale , or ...
Page 40
... contract , about one month's rent was unearned at the time the piano was taken , and that , as the defendants made no offer to refund the amount , according to the require- ments of the contract , at the time of the taking , that it was ...
... contract , about one month's rent was unearned at the time the piano was taken , and that , as the defendants made no offer to refund the amount , according to the require- ments of the contract , at the time of the taking , that it was ...
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Common terms and phrases
accord and satisfaction affirmed agreed agreement alleged allowed amendment amount appeal application arrest assignment attorney authority Bank Barb Brown cause of action charge circumstances cited claim Code common law common pleas complaint contract corporation costs court of equity creditors Daly damages debt debtor defendant defendant's delivered demurrer denied discharge duty entitled evidence execution fact fendant fraud ground Gschwend harbor-master Healy held husband indorser interest interpleader judge judgment judgment creditors judgment debtor jurisdiction jury justice levy liable Lyddy MCADAM ment motion officer opinion owner paid parties payment person plaint plaintiff pleaded possession present proceedings promissory note proof proved provisions question received recover rule service of process sheriff statute sued suit supra supreme court sureties tenant term Term-December Term-March thereof tion transaction trial usurious valid verdict vessel Wend witness York Marine Court
Popular passages
Page 180 - The intention of the legislature is to be collected from the words they employ. Where there is no ambiguity in the words, there is no room for construction.
Page 219 - State, each and every one declines to exercise by means of any of its Courts, any of its territorial jurisdiction over the person of any sovereign or ambassador of any other State, or over the public property of any State which is destined to...
Page 180 - It would be dangerous indeed to carry the principle, that a case which is within the reason or mischief of a statute, is within its provisions, so far as to punish a crime not enumerated in the statute, because it is of equal atrocity or of kindred character with those which are enumerated.
Page 201 - I have referred to them, show that enlightened nations, in modern times, do clearly hold that the jurisdiction and laws of a nation accompany her ships, not only over the high seas, but into ports and harbors, or wheresoever else they may be water borne, for the general purpose of governing and regulating the rights, duties, and obligations of those on board thereof, and that, to the extent of the exercise of this jurisdiction, they are considered as parts of the territory of the nation herself.
Page 14 - In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment...
Page 298 - Viet., c. 68, which in sect. 4 enacts that if any person called to give evidence in any court of justice, whether in a civil or criminal proceeding, " shall object to take an oath, or shall be objected to as incompetent to take an oath," such person shall, if the presiding judge is satisfied that the taking of an oath would have no binding effect on his conscience, make the following promise and declaration, viz.
Page 472 - A warrant of attachment against the property of one or more defendants in an action may be granted upon the application of the plaintiff, as specified in the next section...
Page 215 - Our Constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision.
Page 363 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 343 - That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act...