Reports of Cases in Law and Equity in the Supreme Court of the State of New YorkGould, Banks & Gould, 1854 |
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Page 23
... consideration that he had received . II . The next inquiry is what effect should be given to the conveyance executed by the plaintiff to Salmon O. Andrews ; and to the mortgage given back by him to the plaintiff , and its foreclosure ...
... consideration that he had received . II . The next inquiry is what effect should be given to the conveyance executed by the plaintiff to Salmon O. Andrews ; and to the mortgage given back by him to the plaintiff , and its foreclosure ...
Page 48
... - sion of the boat . Several questions were raised upon the trial which , by consent of the parties , were reserved for further consideration . Dane v . Mallory . 1. No question is made 48 CASES IN THE SUPREME COURT .
... - sion of the boat . Several questions were raised upon the trial which , by consent of the parties , were reserved for further consideration . Dane v . Mallory . 1. No question is made 48 CASES IN THE SUPREME COURT .
Page 52
... consideration is the same ; the subject matter is the same , viz . the boat Wakondah ; the condition is the same ; and the mode of foreclosure prescribed in the in- strument is the same in both securities . There is only a change in the ...
... consideration is the same ; the subject matter is the same , viz . the boat Wakondah ; the condition is the same ; and the mode of foreclosure prescribed in the in- strument is the same in both securities . There is only a change in the ...
Page 57
... consideration , deed obtained by fraud , erasure , and many other defenses which would show that the deed was not , ( at the time of the pleading , ) in law , the deed of the defendant . Now , I apprehend that the pleader must set out ...
... consideration , deed obtained by fraud , erasure , and many other defenses which would show that the deed was not , ( at the time of the pleading , ) in law , the deed of the defendant . Now , I apprehend that the pleader must set out ...
Page 58
... consideration , if the judge had allowed the evidence offered , the defendant might have proved , under that admission , that the injury in question ( the rupture of the bladder ) was produced the day before , by an operation performed ...
... consideration , if the judge had allowed the evidence offered , the defendant might have proved , under that admission , that the injury in question ( the rupture of the bladder ) was produced the day before , by an operation performed ...
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Common terms and phrases
affidavit agreement Albany Northern Railroad alleged amount appear application assignment authority averred Barb bill bona fide purchaser cause of action certiorari claim complaint contract conveyance conveyed corporation costs counsel court court of chancery court of equity creditors damages debt debtor decree deed defendant defendant's demurrer entitled equity evidence executed executors fact fendant flax foreclosure fraud fraudulent granted GRIDLEY ground heirs held Henry Worrall indorser injunction intention interest John judge judgment jurisdiction jury justice land liable ment mortgage New-York nonsuit notice objection owner paid parties payable payment person plaintiff possession premises proceedings promissory note proof proved provisions purchase purpose question railroad real estate received recover reference road rule Schenectady County special term statute sufficient suit surrogate testator thereof tiff tion trial trust Utica verdict void Wadsworth Wend witness
Popular passages
Page 36 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 319 - All persons having an Interest In the subject of the action and In obtaining the relief demanded...
Page 57 - Be it therefore enacted . . . that whensoever 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 41 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
Page 182 - Bell in his hands sufficient to pay the bill, and the defendant gave rebutting evidence. The defendant moved for a nonsuit, on the ground that there was no acceptance in writing, and because the defendant positively refused to accept the bill.
Page 529 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2.
Page 275 - Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action ; or, — 3. Unless the buyer shall at the time, pay some part of the purchase money.
Page 40 - If all the defendants have been served, judgment may be taken against any or either of them severally, when the plaintiff would be entitled to judgment against such defendant or defendants if the action had been against them or any of them alone.
Page 647 - ... remain unpaid, and that he has not, upon diligent inquiry, been able to discover any goods or chattels, belonging to, or in the possession of the persons charged with, or liable to pay such sums, whereon he could levy the same, he shall be credited by the county treasurer with the amount thereof.
Page 44 - Upon an appeal from a judgment or order, the appellate court may reverse, affirm, or modify the judgment or order appealed from, in the respect mentioned in the notice of appeal, and as to any or all of the parties ; and may set aside or confirm, or modify any or all of the proceedings subsequent to or dependent upon such judgment or order, and may, if necessary or proper, order a new trial.