Reports of Cases Argued and Determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and Correction of Errors of the State of New-York, Volume 1Banks & Brothers, 1874 - Law reports, digests, etc |
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Common terms and phrases
15 Johns action adverse possession affidavit alleged amount appear applied arbitrators arrest assumpsit attorney averment award bail bill bond bound cause certiorari charge circuit claim commenced commissioners common law common pleas contract conveyance costs counsel court covenant Cowen creditor damages debt debtor declaration deed defendant defendant's demurrer discharge entitled to recover evidence execution executor fact fendant fraud given granted grantor ground intended interest issue Jemima Wilkinson John Slidell joint judge judgment jury justice land lessor liable mandamus motion Murray nonsuit notice objection opinion owner Oyster-Bay paid partner partnership party payment person plaintiff in error plead possession premises proceedings promissory note proof prosecution proved purchase question received release remittitur rendered replevin rule Sarah Green SAVAGE sheriff shew shewn Slidell statute street sued suit SUTHERLAND taken tenant testator testimony tiff tion trial verdict warrant Wend witness writ of error
Popular passages
Page 199 - Forgery at common law has been defined as 'the fraudulent making or alteration of a writing to the prejudice of another man's right
Page 355 - When money is paid by one man to another on a mistake either of fact or of law, or by deceit, this action will certainly lie.
Page 355 - But it lies for money paid by mistake, or upon a consideration which happens to fail, or for money got through imposition, (express or implied,) or extortion, or oppression, or an. undue advantage taken of the plaintiff's situation, contrary to laws made for the protection of persons under those circumstances.
Page 257 - that the king is the universal lord and original proprietor of all the lands in his kingdom : (z) and that no man doth or can possess any part of it, but what has mediately or immediately been derived as a gift from him, to be held upon feudal services.
Page 355 - CJ was of opinion, that this could not be deemed a payment by compulsion, as the defendant might, by a replevin, have defended himself against the distress, Knibbi v.
Page 599 - If one concerts with an executor or legatee, by obtaining the testator's effects at a nominal price, or at a fraudulent undervalue, or by applying the real value to the purchase of other subjects for his own behoof, or in extinguishing the private debt of the executor, or in any other manner (which Lord Eldon said are very material words), contrary to.
Page 259 - Justice, said, the subject has a right to fish in all navigable rivers as he has to fish in the sea...
Page 257 - The king may grant fishing within a creek of the sea, or within some known precinct that hath known bounds, though within the main sea, he may also grant that very interest itself, viz. a navigable river that is an arm of the sea, the water and soil thereof.
Page 357 - The cases founded on mistake, says SAVAGE, Ch. J., in Mowatt v. Wright (1 Wend. 355), seem to rest on this principle, that if parties, believing that a certain state of things exist, come to an agreement with such belief for its basis, on discovering their mutual error they are remitted to their original rights.