Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York, Volume 60William Gould & Son, 1881 - Civil procedure |
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Page 11
... debtor to pay the legal rate ; and this implied understanding is not only supported by mercantile usage in all commercial instru- ments of a negotiable nature , but because interest is considered as a legal incident to every debt ...
... debtor to pay the legal rate ; and this implied understanding is not only supported by mercantile usage in all commercial instru- ments of a negotiable nature , but because interest is considered as a legal incident to every debt ...
Page 16
... debtor should have the effect to discharge the surety , it should clearly appear that the agent had authority , express or implied , to give the extension , or that his act was adopted by the creditor . Some unfavorable comment is made ...
... debtor should have the effect to discharge the surety , it should clearly appear that the agent had authority , express or implied , to give the extension , or that his act was adopted by the creditor . Some unfavorable comment is made ...
Page 70
... debtor against whom the receiver made a claim , the plaintiff could not demand security for costs , nor could he probably obtain any judgment for costs as against the receiver , because the receiver , as such , is confessedly without ...
... debtor against whom the receiver made a claim , the plaintiff could not demand security for costs , nor could he probably obtain any judgment for costs as against the receiver , because the receiver , as such , is confessedly without ...
Page 80
... debtor but creditor also ( 9 Bosw . , 685 , supra ; Porter agt . Williams , 9 N. Y. , 142–149 ) . ( 3. ) Appellant John C. Van Epps , judgment debtor , not having appeared in this action or waived his rights in any way , had the right ...
... debtor but creditor also ( 9 Bosw . , 685 , supra ; Porter agt . Williams , 9 N. Y. , 142–149 ) . ( 3. ) Appellant John C. Van Epps , judgment debtor , not having appeared in this action or waived his rights in any way , had the right ...
Page 116
... debtor , a secret agreement to pay one of the creditors more than his pro rata share to induce him to unite in the composition is a frand upon the other creditors . It violates the principles of equity and the mutual confidence between ...
... debtor , a secret agreement to pay one of the creditors more than his pro rata share to induce him to unite in the composition is a frand upon the other creditors . It violates the principles of equity and the mutual confidence between ...
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Common terms and phrases
affidavit affirmed agreement alleged amended answer ante application appointed Atlantic Avenue Railroad attachment attorney attorney-general authority bill bond Brooklyn and Jamaica Bruff cause of action charge Civil Procedure claim Code of Civil complaint contract corporation costs counter-claim creditors damages decree deed defendant defendant's demurrer Digest discharge duty easement entitled evidence ex rel examination execution executor facts fendant grand jury granted Held indictment Island Railroad Company issued Jamaica Railroad judge judgment debtor jurisdiction justice liable Long Island Railroad marine court marriage ment mortgage motion objection order of arrest owner paid party payment person plaintiff possession proceedings provision purchase question real estate receiver recover reference removal Rockland county rule Savage agt sheriff special term statute street sufficient supreme court testator testimony therein thereof tiff tion trial trustee vacate wife witness York
Popular passages
Page 463 - Members of the legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : " I do solemnly swear (or affirm...
Page 600 - Each house shall be the judge of the election,, returns, and qualifications of its own members...
Page 355 - In any manner relating thereto, shall hereafter be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent thereunto authorized by writing.
Page 28 - In the investigation of a charge for the purpose of either presentment or indictment, the grand jury can receive no other evidence than such as is given by witnesses produced and sworn before them, or furnished by legal documentary evidence...
Page 336 - A defendant may set forth, in his answer, as many defenses or counter-claims, or both, as he has, whether they are such as were formerly denominated legal or equitable.
Page 545 - From the commencement of an action or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action or counterclaim, which attaches to a verdict, report, decision or judgment in his client's favor and the proceeds thereof in whosoever hands they -may come; and cannot be affected by any settlement between the parties before or after judgment.
Page 62 - US district court, says that the plaintiffs' motion for summary judgment be and the same is hereby granted, and it is further ordered that the defendants...
Page 132 - ... no regular clerk or head of a bureau or person holding a position in the classified state civil service, subject to competitive examination, shall be removed until he has been allowed an opportunity of making an explanation...
Page 542 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Page 398 - Granting to any corporation, association or individual the right to lay down railroad tracks...