Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volume 28Gould, Banks & Gould, 1859 |
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Page 17
... necessary at this day to give a reason for this doctrine , I should think it more nat- ural and obvious to refer to the old maxim which has obtained from the earliest days of the common law : " Actio personalis moritur cum persona ...
... necessary at this day to give a reason for this doctrine , I should think it more nat- ural and obvious to refer to the old maxim which has obtained from the earliest days of the common law : " Actio personalis moritur cum persona ...
Page 27
... necessary for the plaintiff to allege , in his com- plaint , that he was the owner of the stock at the time of making the con- tract , or that the contract was in writing . DEM EMURRER to complaint . The action was brought to Precover ...
... necessary for the plaintiff to allege , in his com- plaint , that he was the owner of the stock at the time of making the con- tract , or that the contract was in writing . DEM EMURRER to complaint . The action was brought to Precover ...
Page 28
... necessary to aver such possession , in the declaration , before the code ; nor do I think it necessary now . The fact on which the plaintiff relies , is the making of the contract . This is admitted by the demurrer . It must be a legal ...
... necessary to aver such possession , in the declaration , before the code ; nor do I think it necessary now . The fact on which the plaintiff relies , is the making of the contract . This is admitted by the demurrer . It must be a legal ...
Page 34
... necessary for the plaintiff , in his complaint , to set out all the proceedings by which he was appointed . It is sufficient if he states the mode of his appointment . Thus where the complaint showed the plaintiff to be receiver of the ...
... necessary for the plaintiff , in his complaint , to set out all the proceedings by which he was appointed . It is sufficient if he states the mode of his appointment . Thus where the complaint showed the plaintiff to be receiver of the ...
Page 35
... necessary legal steps were taken to have a receiver of such bank ap- pointed . ( 6. ) That it did not appear that the plaintiff was legally or properly appointed receiver of such bank . ( 7. ) That Stewart v . Beebe . it did not appear ...
... necessary legal steps were taken to have a receiver of such bank ap- pointed . ( 6. ) That it did not appear that the plaintiff was legally or properly appointed receiver of such bank . ( 7. ) That Stewart v . Beebe . it did not appear ...
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agent alleged amount Anson G Antioch College appear assignment authority Barb bill of lading bona fide purchaser bond cause of action Central Rail Road charge claim common carrier common law complaint consignees contract corporation court coverture creditors curtesy damages death debt declared deed defendant defendant's delivered delivery demurrer devise dower entitled evidence execution executors express company facts fee simple fendant fraud heirs held husband Indiana Rail Road indorsed intent interest issue judge judgment jury justice land liable Livingston Mayor &c ment Miss Blackwell mortgage Niles & Wheeler opinion owner paid party payment person Phelps plaintiff possession premises proceedings proof provisions purchase question Rail Road Company real estate received recover referee residence residuary residuary estate River Rail Road rule sheriff special term statute thereof tiff tion trial trustees usury vested Wend wife witness York Central Rail YORK GENERAL TERM
Popular passages
Page 267 - For modes of faith let graceless zealots fight; His can't be wrong whose life is in the right...
Page 343 - The real and personal property of any female who may hereafter marry, and which she shall own at the time of marriage, and the rents issues and profits thereof shall not be subject to the disposal of her husband, nor be liable for his debts, and shall continue her sole and separate property, as if she were a single female.
Page 266 - The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all mankind ; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief...
Page 268 - ... the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever hereafter be allowed within this state to all mankind...
Page 200 - In an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied, or converted to his own use, by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity; or for misconduct or neglect in office, or in a professional employment, or for a willful violation of duty; 3.
Page 16 - Whereas no action at law is now maintainable against a person who by his wrongful act, neglect, or default may have caused the death of another person, and it is oftentimes right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him...
Page 227 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 41 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 200 - ... or by an officer or agent of a corporation or banking association, in the course of his employment as such, or by any factor, agent, broker or other person in a fiduciary capacity, or for any misconduct or neglect in office, or in a professional employment. 3. In an action to recover the possession of personal property unjustly detained, where the property or any part thereof has been concealed, removed or disposed...
Page 621 - 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.