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 in the State of New-York, Volume 16Banks & Brothers, 1864 - Law reports, digests, etc |
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action admitted ALBANY appear applied assigned authority bill bound brought cause cited claim common common law consideration considered construction contract conveyed counsel Court covenant creditor dated death debt debtor decided decision deed defendant delivered demand devise discharge dollars effect enemy entitled error evidence execution executory existing express fact give given granted ground heirs held intention interest issue JACKSON January Johns judges judgment Justice land limitation Lord lots matter meaning nature never NEW-YORK notice objection opinion owner paid parties partnership passed patent payment person plaintiff plea pleaded possession premises present principle prize proved purchaser question reason received recover remainder rule says seised sheriff sold statute sufficient suit Supreme Court tail taken Term tion trial United verdict void whole wife witness writ
Popular passages
Page 68 - States shall be first satisfied, and the priority hereby established shall extend as well to cases in which a debtor, not having sufficient property to pay all his debts, makes a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed, or absent debtor are attached by process of law, as to cases in which an act of bankruptcy is committed.
Page 459 - Rep. 391.) and we may lay it down as an incontrovertible rule, that where an estate is given to a person generally, or indefinitely, with a power of disposition, it carries a fee...
Page 219 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it
Page 317 - ... that the will of the giver according to the form in the deed of gift manifestly expressed shall be from henceforth observed...
Page 375 - In the state of war, nation is known to nation only by their armed exterior ; each threatening the other with conquest or annihilation. The individuals who compose the belligerent states, exist, as to each other, in a state of utter occlusion. If they meet, it is only in combat.
Page 72 - States the money due upon such bond or bonds, such surety, his or her executors, administrators, or assignees, shall have and enjoy the like advantage, priority, or preference, for the recovery and receipt of the said moneys, out of the estate and effects of such insolvent, or deceased principal, as are reserved and secured to the United States; and shall and may bring and maintain a suit or suits, upon the said bond or bonds, in law or equity, in his, her, or their, own name, or names, for the recovery...
Page 201 - ... entirely, or restrain it so far as national policy may require. It has so far restrained it as to prohibit the passage of .any law impairing the obligation of contracts. Although, then, the states may, until that power shall be exercised by congress, pass laws concerning bankrupts ; yet they cannot constitutionally introduce into such laws a clause which discharges the obligations the bankrupt has entered into.
Page 395 - It would seem a necessary result of a state of war to suspend all negotiations and intercourse between the subjects of the belligerent nations. By the war every subject is placed in hostility to the adverse party. He is bound by every effort of his own to assist his own government and to counteract the measures of its enemy. Every aid, therefore, by personal communication or by other intercourse which shall take off the pressure of the war or foster the resources or increase the comforts of the public...
Page 174 - WAITE delivered the opinion of the court. There can be no doubt that the...
Page 367 - ... of the state. It is for the state alone, on more enlarged views of policy, and of all circumstances that may be connected with such an intercourse, to determine when it shall be permitted, and under what regulations. In my opinion, no principle ought to be held more sacred than that this intercourse cannot subsist on any other footing than that of the direct permission of the state.