Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 23New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Edward Jordan Dimock, Hiram Edward Sickels, Edmund Hamilton Smith, Louis J. Rezzemini, Edwin Augustus Bedell, James Newton Fiero, Alvah S. Newcomb Lawyers Co-operative Publishing Company, 1867 |
From inside the book
Results 1-5 of 91
Page 14
... facts to which the other witness deposed may not unreasonably be referred to their want of attention or of memory . They were called to testify some three years after the fact ; and it is not at all singular that they should have lost ...
... facts to which the other witness deposed may not unreasonably be referred to their want of attention or of memory . They were called to testify some three years after the fact ; and it is not at all singular that they should have lost ...
Page 19
... fact , and an issue is awarded to be tried at the Circuit , no appeal will lie to this court , for the reason that the order of the Supreme Court is not final . The matter is still pending in that court , and may be again brought before ...
... fact , and an issue is awarded to be tried at the Circuit , no appeal will lie to this court , for the reason that the order of the Supreme Court is not final . The matter is still pending in that court , and may be again brought before ...
Page 28
... facts : On the 5th day of May , 1852 , Obadiah Peck bor- rowed of the plaintiff $ 2,000 , and made his promissory note therefor on that day , payable on demand , with interest , to the order of Rufus L. Todd , who indorsed the note at ...
... facts : On the 5th day of May , 1852 , Obadiah Peck bor- rowed of the plaintiff $ 2,000 , and made his promissory note therefor on that day , payable on demand , with interest , to the order of Rufus L. Todd , who indorsed the note at ...
Page 39
... fact , between the note in the case last mentioned and the note of Sice v . Cunningham , consists in the words , " without default or defalcation . " The court seem to assume that there was a dif- ference in its being given upon ...
... fact , between the note in the case last mentioned and the note of Sice v . Cunningham , consists in the words , " without default or defalcation . " The court seem to assume that there was a dif- ference in its being given upon ...
Page 46
... fact that , on three several occasions between the time of the con- struction of the road , in 1835 , to the trial , in 1856 , the water and ice had been forced out of the stream upon the plaintiff's land ; and that , in the judgment of ...
... fact that , on three several occasions between the time of the con- struction of the road , in 1835 , to the trial , in 1856 , the water and ice had been forced out of the stream upon the plaintiff's land ; and that , in the judgment of ...
Contents
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Common terms and phrases
43 Elizabeth according action affirmed amount Anson G appeal apply appointed assent assessed authority bank bequest bonds Cattaraugus reservation Caujolle Cayuga county Chancery charity cited claimed clause Commissioners of Taxes common law contract corporation Court of Chancery creditors death debt debtor deceased declared defendant devise domicil effect entitled evidence executed executors exempt fact Ferrié fund Girons granted held indorser intended interest intestate Jeanne judge judgment jurisdiction jury land legislature liable marriage ment mortgage opinion Panama Railroad Company parties payable payment personal estate Pinner plaintiff possession principle proceedings provisions purchase purpose question Railroad Company real estate referred resident respect respondent rule says Seneca Nation SMITH.-VOL Supreme Court taxation term testator's tion town Town of Genoa Town of Sterling trial trust usury Valentin valid void wife witness York York Central Railroad
Popular passages
Page 485 - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 228 - The general doctrine is not controverted, that although movables are for many purposes to be deemed to have no situs, except that of the domicile of the owner, yet this being but a legal fiction it yields whenever it is necessary, for the purpose of justice, that the actual situs of the thing should be examined.
Page 204 - The sovereignty of a state extends to everything which exists by its own authority, or is introduced by its permission; but does it extend to those means which are employed by congress to carry into execution powers conferred on that body by the people of the United States?
Page 14 - All that can be truly said is, that if a person, whether attorney or not, prepares a will with a legacy to himself, it is, at most, a suspicious circumstance of more or less weight, according to the facts of each particular case...
Page 441 - ... bearing a rate of interest not exceeding seven per cent per annum, payable semiannually, which bonds shall be substantially in the following form : No.
Page 467 - March 3, 1818 (Revision, p. 294), which permits a recovery by the personal representatives of the decedent, for the benefit of the widow and next of kin, of the pecuniary loss resulting to them from such death.
Page 150 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 403 - The universal doctrine now recognized by the common law is, that succession to personal property is governed, exclusively, by the law of the actual domicil of the intestate at the time of his death.
Page 485 - ... although the death shall have been caused under such circumstances as amount in law to felony.
Page 228 - Story, in his commentaries just cited, " although movables are for many purposes to be deemed to have no situs, except that of the domicil of the owner, yet this being but a legal fiction, it yields, whenever it is necessary for the purpose of justice that the actual situs of the thing should be examined.