Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 24New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero Lawyers Co-operative Publishing Company, 1870 - Law reports, digests, etc |
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Common terms and phrases
action affirmed agents agreement Albany Northern Railroad amount appealed apply assignment assumpsit authority bank bill of lading bond canal Central Railroad Company charge choses in action claim common carriers common law concurred construction contract corporation court of equity creditors damages debt deceased declared deed defendant defendant's delivered demand DENIO duty entitled equity evidence execution executor fact fraud freight granted gross negligence ground held husband indorser injury instrument insured intended issue judge judgment jury Kerr & Co legislature liability lien maker mandamus ment mortgage opinion owner parties passengers payable payment Perkins person plaintiff principle provision question reason received referred responsible risks road rule servants Smith SMITH.-VOL statute Supreme Court surrogate sustained testator thereof tion town transfer trial trust usurious valid verdict void Wend wife witness York Central Railroad
Popular passages
Page 389 - That the records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
Page 477 - As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Page 172 - that where one person makes a promise to another for the benefit of a third person, that third person may maintain an action upon it.
Page 233 - The general rule, resulting from considerations as well of justice as of policy, is, that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and in legal presumption, the compensation is adjusted accordingly.
Page 44 - The judgment of the Appellate Division should be reversed, and that of the Special Term affirmed, with costs in this court and in the Appellate Division.
Page 43 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 75 - Federal courts, no person shall be compelled in a criminal case to be a witness against himself, nor deprived of his liberty, without due process of law.
Page 468 - ... the jury may give such damages as they shall deem a fair and just compensation, with reference to the pecuniary injuries resulting from such death, to the wife and next of kin of such deceased person...
Page 302 - Each of said notes shall be payable, in part or in whole, at any time when the directors shall deem the same requisite for the payment of losses by fire or inland navigation, and such incidental expenses as may be necessary for transacting the business of said company.
Page 14 - Future estates are either vested or contingent: They are vested when there is a person in being who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate. They are contingent whilst the person to whom, or the event upon which they are limited to take effect remains uncertain.