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 84
Page 24
... fund to be distributed according to the directions of the will , and irrevocably attaches that character to them . As a personal judgment , it divests all the parties proceeded against of the rights which they would have had under the ...
... fund to be distributed according to the directions of the will , and irrevocably attaches that character to them . As a personal judgment , it divests all the parties proceeded against of the rights which they would have had under the ...
Page 30
... funds in his hands , does not enter at all into the calculation . These are well settled rules of the commercial law ; and if promissory notes , payable on demand , in all cases fall within them , there will Merritt v . Todd . very ...
... funds in his hands , does not enter at all into the calculation . These are well settled rules of the commercial law ; and if promissory notes , payable on demand , in all cases fall within them , there will Merritt v . Todd . very ...
Page 34
... funds , will perform essentially the office of a check , imposing the duty of early presentment in order to hold the collateral parties . Drafts or checks are , however , almost universally used in such transactions . But , whatever may ...
... funds , will perform essentially the office of a check , imposing the duty of early presentment in order to hold the collateral parties . Drafts or checks are , however , almost universally used in such transactions . But , whatever may ...
Page 69
... fund , or is distinguish- able from that of all other property . Accordingly where , as in this case , no interest was given to the residuary legatees in that portion of the estate devoted to the payment of specific legacies , and the ...
... fund , or is distinguish- able from that of all other property . Accordingly where , as in this case , no interest was given to the residuary legatees in that portion of the estate devoted to the payment of specific legacies , and the ...
Page 70
... fund to raise an annuity of $ 5,000 for his widow during her life . In case of her death before a division of his residuary estate , which was to take place upon the death of two other persons , or at the expiration of ten years , such fund ...
... fund to raise an annuity of $ 5,000 for his widow during her life . In case of her death before a division of his residuary estate , which was to take place upon the death of two other persons , or at the expiration of ten years , such fund ...
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.