Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York, Volume 2Baker, Voorhis, 1870 - Law reports, digests, etc |
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Common terms and phrases
action was brought affidavit affirmed agent agreement alleged Amboy Railroad amount appeal applied arrest assignment Bank Barb bill of lading by-laws Camden Camden and Amboy carrier cause of action charge claim Clark common carrier common law complaint consignee contract corporation court of equity creditors Croton Aqueduct Daly damages debt debtor declared defendant's defendants delivered delivery denied deposit discharge District Court duty E. D. Smith entitled evidence execution fact fendants fraudulent gold ground held horse Illinois Central Railroad injury James Brooks judge judgment jurisdiction jury justice lease liable lien loss Marine Court Martin ment negligence notice objection owner paid parties partnership payment person plaint plaintiff premises proceedings purchaser question Railroad and Transportation reason received recover reference refused replevin respondent rule special term statute Stevedores Stock Brokers testimony tion Transportation Company trial verdict Wend witness York
Popular passages
Page 25 - ... for them, and who, without any stipulated engagement as to the duration of their stay, or as to the rate of compensation, are, while there, supplied, at a reasonable charge, with their meals, lodgings, refreshment and such service and attention as are necessarily incident to the use of the place as a temporary home...
Page 74 - An action upon a bond conditioned for the payment of money, not exceeding two hundred dollars, though the penalty exceed that sum, the judgment to be given for the sum actually due.
Page 298 - If a dog has once bit a man, and the owner having notice thereof keeps the dog, and lets him go about or lie at his door, an action will lie against him at the suit of a person who is bit, though it happened by such person's treading on the dog's toes; for it was owing to his not hanging the dog on the first notice. And the safety of the king's subjects ought not afterwards to be endangered.
Page 4 - Journeymen may each singly refuse to work, unless they receive an advance in wages, but if they refuse by preconcert or association they may be indicted and convicted of conspiracy. . . . The gist of a conspiracy is the unlawful confederation, and the offense is complete when the confederacy is made, and any act done in pursuit of it is a constituent part of the offense.
Page 198 - The reason and philosophy of the rule is, that when the mind of the legislator has been turned to the details of a subject and he has acted upon it, a subsequent statute in general terms or treating the subject...
Page 392 - The broad, general rule in such cases is, that the party injured is entitled to recover all his damages, Including gains prevented as well as losses sustained; and this rule is subject to but two conditions. The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract; that is, must be such as might naturally be expected to follow its violation; and they must be certain, both In their...
Page 4 - ... cloth merchant may say that he will not sell his goods for less than so much per yard, but has no right to say that any other merchant shall not sell for a less price. If one individual does not possess such a right over the conduct of another, no number of individuals can possess such a right. All combinations therefore to effect such an object are injurious. not only to the individual particularly oppressed, but to the public at large.
Page 483 - He is in the exercise of a sort of public office, and has public duties to perform, from which he should not be permitted to exonerate himself without the assent of the parties concerned.
Page 359 - Individuals who form themselves together into a voluntary association for a common object may agree to be governed by such rules as they think proper to adopt, if there is nothing in them in conflict with the law of the land ; and those who become members of the body are presumed to know them, to have assented to them, and they are bound by them.
Page 266 - The principle that notice to an agent is notice to the principal is quite familiar, but is only applicable to cases in which the agent is acting in the course of his employment. Were it otherwise, and did it extend to acts unauthorized and outside of the employment, whether trespasses or even felonies, the master might be made responsible for all acts, whether tortious or otherwise, done by his servant while in his employ or acting professedly in his behalf, if he did not act at once by disclaiming...