Reports of Cases Argued and Determined in the Supreme Court of the State of New York, Volume 2Banks & Bros., 1871 - Law reports, digests, etc |
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Common terms and phrases
action affidavit affirmed agreement alleged amount appeal assignment attorney-general authority Ballou bank Barb boat bond and mortgage carrier Cattaraugus County charge Charles G cheese claim Coddington commissioners common carriers complaint consignee contract conveyance corporation costs counsel County Court court of equity Court of Sessions creditors curtesy debt debtor deceased defendant defendant's delivered DISTRICT dollars entitled equity evidence execution executors fact favor fraud fraudulent Goldey held husband indorsed insolvent intention interest issue judgment jurisdiction jury justice Kenyon land LANSING VOL liable lien matter of Frances ment nonsuit notice opinion paid parties payment person Peter Mumford Phelps plaintiff plaintiff in error possession premises prisoner proceedings promissory note purchase purpose question real estate received recover referee Respondent Smith sold statute surrogate testator thereof timber tion town trial verdict void wife witness York Central Railroad
Popular passages
Page 157 - ... affect the act to abolish imprisonment for debt, and to punish fraudulent debtors, passed April 26, 1831, or any act amending the same, nor shall it apply to proceedings for contempts.
Page 136 - Every mortgage filed in pursuance of this Act shall cease to be valid, as against the creditors of the person making the same, or against subsequent purchasers or mortgagees in good faith, after the expiration of one year from the filing thereof, unless, within thirty days next preceding the expiration of the said term of one year...
Page 131 - That every mortgage or conveyance intended to operate as a mortgage of goods and chattels hereafter made, which shall not be accompanied by an Immediate delivery, and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor...
Page 506 - ... error for reversal of such judgment, in case the same shall be erroneous, and the said landlord or lessor shall from thenceforth hold the said demised premises discharged from such lease...
Page 66 - 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 307 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 91 - The defendant may at any time before the trial or verdict, serve upon the plaintiff an offer in writing to allow judgment to be taken against him, for the sum or property, or to the effect therein specified, with costs.
Page 131 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers or mortgagees in good faith...
Page 26 - Any married female may take by inheritance or by gift, grant, devise or bequest, from any person other than her husband and hold to her sole and separate use and convey and devise real and personal property, and any interest or estate therein, and the rents, issues and profits thereof in the same manner and with like effect as if she were unmarried, and the same shall not be subject, to the disposal of her husband nor be liable for his debts.
Page 352 - The principle is, that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold with all the benefits and burdens which appear at the time of the sale to belong to it, as between it and the property which the vendor retains.