Reports of Cases Argued and Determined in the Superior Court of the City of New York: 1864W.C. Little, 1867 - Law reports, digests, etc |
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Page 2
... sold and delivered to the defendant herein , twenty shares of St. Nicholas Insurance Company stock , at the rate of twenty dollars per share , amounting to the sum of $ 400 ; that $ 102 had been paid on account , and that there remains ...
... sold and delivered to the defendant herein , twenty shares of St. Nicholas Insurance Company stock , at the rate of twenty dollars per share , amounting to the sum of $ 400 ; that $ 102 had been paid on account , and that there remains ...
Page 3
... sold to the de- fendant . That right would depend on the question of owner- ship of such stock , and if that were established to have belonged to Mrs. Deming , would involve the right of her husband to sell and transfer her claim to ...
... sold to the de- fendant . That right would depend on the question of owner- ship of such stock , and if that were established to have belonged to Mrs. Deming , would involve the right of her husband to sell and transfer her claim to ...
Page 4
... sold . Undoubtedly , the authority from Mrs. Deming to make the exchange of shares of stock was complete , but that did not make the Insurance Company stock the property of her hus- band . According to her testimony , her only authority ...
... sold . Undoubtedly , the authority from Mrs. Deming to make the exchange of shares of stock was complete , but that did not make the Insurance Company stock the property of her hus- band . According to her testimony , her only authority ...
Page 5
... sold to the defendant twenty shares of the St. Nicholas Fire Insurance . Company stock , at $ 25 per share , amounting to the sum of $ 400 . That only a part of the consideration money was paid at the time , leaving a balance due of ...
... sold to the defendant twenty shares of the St. Nicholas Fire Insurance . Company stock , at $ 25 per share , amounting to the sum of $ 400 . That only a part of the consideration money was paid at the time , leaving a balance due of ...
Page 6
... sold to the defendant . This case was tried twice . On the first trial he swore the stock belonged to his wife , and that he merely borrowed the money on the same for her ; and , on the second trial , he swore that that which he swore ...
... sold to the defendant . This case was tried twice . On the first trial he swore the stock belonged to his wife , and that he merely borrowed the money on the same for her ; and , on the second trial , he swore that that which he swore ...
Common terms and phrases
affidavit agent agreement alleged amount answer appeal assignment attorney authority Barb bill cause of action charge claim Code common law contract costs counsel court court of equity covenant creditors damages debts defendant defendant's deliver delivery dismiss the complaint duty entitled equity evidence execution fact fendants GARVIN granted held indorsement intended interest judge judgment judgment debtor jury justice Kanter land lease legislature liable lien matter Mayor ment MONELL mortgage motion Munro Mutual Insurance Mutual Insurance Company N. Y. Rep negligence notice owner paid parties payment person plaintiff possession premises proceedings purchase question received recover referee reference refused rendered rent respondent ROBERTSON saltpetre Second Avenue Railroad seisin sheriff ship sold special term Stanton & Thomson statute statute of frauds Stocker sufficient sustained thereof tiff tion trial verdict vessel void Wend witness York
Popular passages
Page 383 - Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts.
Page 334 - 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, 1.
Page 431 - A party to an action may be examined as a witness at the instance of the adverse party, or of any one of several adverse parties, and for that purpose may be compelled, in the same manner and subject to the same rules of examination as any other witness, to testify, either at the trial, or conditionally, or upon commission.
Page 458 - ... to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein...
Page 552 - People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes, that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof...
Page 263 - Exchequer that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law) four things are to be discerned and considered: (1) What was the common law before the making of the act ; (2) what was the mischief and defect for which the common law did not provide ; (3) what remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth ; (4) the true reason of the remedy.
Page 517 - Whenever any real estate, subject to a mortgage executed by any ancestor or testator, shall descend to an heir, or pass to a devisee, such heir or devisee shall satisfy and discharge such mortgage, out of his own property, without resorting to the executor or administrator...
Page 247 - ... raised by taxation in favor of individuals, to cases in which a legal demand exists against the State. It can thus recognize claims founded in equity and justice in the largest sense of these terms, or in gratitude or charity. Independently of express constitutional restrictions, it can make appropriations of money whenever the public well-being requires or will be promoted by it, and it is the judge of what is for the public good.
Page 568 - To direct and control the conduct, and settle the accounts, of executors, administrators, and testamentary trustees ; to remove testamentary trustees, and to appoint a successor in place of a testamentary trustee so removed.
Page 260 - The security of life, liberty, and property, lies at the foundation of the social compact ; and to say that this grant of ' legislative power ' includes the right to attack private property, is equivalent to saying that the people have delegated to their servants the power of defeating one of the great ends for which governments were established.