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action agreed agreement alledged allowed amount answer appeared applied assignment authority benefit bill bond brought cause charge claim common consideration contained contract convey conveyance costs counsel court creditors damages debt decision decree deed defendant defendant's delivered demand directed effect entitled equity error evidence excepted execution fact give given granted ground hands held Hill indorser intended interest issue John judge judgment jurisdiction jury justice land liable matter ment mortgage motion necessary notice objection offered opinion owner paid party payment person plaintiff plea pleaded possession premises present principle proceedings proof proved purchase question reason received record recover referee refused relation respect rule says sold statute subsequent sufficient suit taken tion trial trust valid Wend whole witness
Page 105 - June  all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 84 - Probable cause," which will justify a criminal accusation, is defined to be "a reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Page 547 - An express promise, therefore, as it should seem, can only revive a precedent good consideration, which might have been enforced at law, through the medium of an implied promise, had it not been suspended by some positive rule of law, but can give no original right of action, if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 383 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 236 - In fact, to allow this sort of action to prevail would be an encouragement to the servant to omit that diligence and caution which he is in duty bound to exercise on the behalf of his master, to protect him against the misconduct or negligence of others who serve him, and which diligence and caution, while they protect the master, are a much better security against any injury the servant may sustain by the negligence of others engaged under the same master, than any recourse against his master for...
Page 67 - ... every such conveyance not so recorded shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate or any portion thereof whose conveyance shall be first duly recorded.
Page 150 - The interference rests on the principle of a clear and certain right to the enjoyment of the subject in question, and an injurious interruption of that right, which, upon just and equitable grounds, ought to be prevented ; Gardner v Village of JSewburgh, 2 Johns C. R.
Page 211 - When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.
Page 423 - Court of General Sessions of the Peace for the City and County of New York,' of its own Grand Jury in favour of dealing with the social evil by means of regulation.
Page 235 - If the master be liable to the servant in this action, the principle of that liability will be found to carry us to an alarming extent. He who is responsible by his general duty, or by the terms of his contract, for all the consequences of negligence in a matter in which he is the principal, is responsible for the negligence of all his inferior agents.