Reports of Cases in Law and Equity in the Supreme Court of the State of New YorkGould, Banks & Gould, 1854 |
From inside the book
Results 1-5 of 63
Page 18
... relation to a plank road constructed over an old high- way , and as there was no proof that this was such a road , there could be no false representation that would subject him to a pen- alty . We are of opinion that , whether this ...
... relation to a plank road constructed over an old high- way , and as there was no proof that this was such a road , there could be no false representation that would subject him to a pen- alty . We are of opinion that , whether this ...
Page 25
... relations of the parties . Demurrer overruled . [ ONEIDA GENERAL TERM , January 5 , 1852. Gridley , W. F. Allen , Hubbard and Pratt , Justices . ] VOL . XVI . 4 16b 26 25ap 431 16b 26 82 AD $ 525 ONEIDA - JANUARY , 1852 . 25.
... relations of the parties . Demurrer overruled . [ ONEIDA GENERAL TERM , January 5 , 1852. Gridley , W. F. Allen , Hubbard and Pratt , Justices . ] VOL . XVI . 4 16b 26 25ap 431 16b 26 82 AD $ 525 ONEIDA - JANUARY , 1852 . 25.
Page 35
... relations to the plaintiff , as maker and indorser of a note , & c . The prin- ciple , then , is left by the code as it stood at common law ; that when a party brings his action against two or more defendants , upon a contract , he must ...
... relations to the plaintiff , as maker and indorser of a note , & c . The prin- ciple , then , is left by the code as it stood at common law ; that when a party brings his action against two or more defendants , upon a contract , he must ...
Page 42
... relation to joint contracts . ( 3. ) Again ; it is a fatal objection to this ex- ception that no party has appealed from the judgment who is au- ( a ) See Harrington v . Higham , ( 15 Barb . 524. ) Parker v . Jackson . thorized to ...
... relation to joint contracts . ( 3. ) Again ; it is a fatal objection to this ex- ception that no party has appealed from the judgment who is au- ( a ) See Harrington v . Higham , ( 15 Barb . 524. ) Parker v . Jackson . thorized to ...
Page 43
... relation to Rensselaer Jackson and Atwood , by the note ( which was several , ) nor by the judg- ment , which is in its nature several also . The only party who had a right to raise this objection was R. Jackson , and he has not ...
... relation to Rensselaer Jackson and Atwood , by the note ( which was several , ) nor by the judg- ment , which is in its nature several also . The only party who had a right to raise this objection was R. Jackson , and he has not ...
Other editions - View all
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.