The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit, and District Courts, Appellate Courts of the Several States, State and City Courts of New York and English Courts, Volume 9McDivitt, Campbell & Company, 1880 |
From inside the book
Results 1-5 of 79
Page 2
... cause of action on contract , a subsequent allegation therein of an incorrect legal con- clusion , having the aspect of a tort , does not change the nature of the action . Such last- mentioned allegation will be treated merely as ...
... cause of action on contract , a subsequent allegation therein of an incorrect legal con- clusion , having the aspect of a tort , does not change the nature of the action . Such last- mentioned allegation will be treated merely as ...
Page 3
... caused no permanent injury $ 2,500 , and asks judgment for $ 2,500 to the boy , and was not done to gratify and costs ... cause of action was one on contract , and it was error to treat it as action for tort . Judgment and order reversed ...
... caused no permanent injury $ 2,500 , and asks judgment for $ 2,500 to the boy , and was not done to gratify and costs ... cause of action was one on contract , and it was error to treat it as action for tort . Judgment and order reversed ...
Page 15
... cause to the calendar for trial . The motion was granted upon terms on January 8th , 1879. Thereupon the defendants , Schmidt and Moltz , moved at a Special Term of this court to set aside and vacate the judgment rendered upon the ...
... cause to the calendar for trial . The motion was granted upon terms on January 8th , 1879. Thereupon the defendants , Schmidt and Moltz , moved at a Special Term of this court to set aside and vacate the judgment rendered upon the ...
Page 21
... cause upon the calendar , and had taken an inquest by default . Defendant claimed in reply that such judgment by de- fault was void for the reason , as he claimed , that no notice of trial had been served . Held , That the defendant ...
... cause upon the calendar , and had taken an inquest by default . Defendant claimed in reply that such judgment by de- fault was void for the reason , as he claimed , that no notice of trial had been served . Held , That the defendant ...
Page 23
... cause had been tried be- fraudulently concealed the fact that Andrew Kennedy , applt . he had a wife living . Defendant , Decided November 6 , 1879 . learning of the fact of the marriage , declined to pay interest on the mort- gages ...
... cause had been tried be- fraudulently concealed the fact that Andrew Kennedy , applt . he had a wife living . Defendant , Decided November 6 , 1879 . learning of the fact of the marriage , declined to pay interest on the mort- gages ...
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Common terms and phrases
action was brought affirmed agreement alleged amended amount answer application applt assessment assignment attorney bank bona fide purchaser bond cause of action certiorari charge City claim Code commenced commissioners complaint concur contract corporation costs County COURT OF APPEALS creditors damages debt deceased deed defendant defendant's denied entitled error evidence ex rel execution fact fendant firm Folger and Andrews foreclosure fraud granted ground Held intestate issued judge judgment jurisdiction jury land liable lien matter ment mortgage motion N. Y. COURT N. Y. SUPREME COURT notice Opinion owner paid party payment person plain plaintiff plaintiff in error plff possession premises proceedings proof purchaser question Rapallo received recover referee rents respt reversed sheriff Special Term statute suit tained testator thereof THIRD DEPT tiff tion trial trustees usury vacate verdict VIII void witness writ
Popular passages
Page 223 - If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose...
Page 461 - That no bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part of any vessel of the United States, shall be valid against any person other than the grantor or mortgagor, his heirs and devisees, and persons having actual notice thereof; unless such bill of sale, mortgage, hypothecation, or conveyance be recorded in the office of the Collector of the Customs where such vessel is registered or enrolled...
Page 450 - Where a drawee to whom a bill is delivered for acceptance destroys the same, or refuses within twenty-four hours after such delivery, or within such other period as the holder may allow, to return the bill accepted or nonaccepted to the holder, he will be deemed to have accepted the same.
Page 353 - The law, for wise reasons, imposes upon a party subjected to Injury from a breach of contract the active duty of making reasonable exertions to render the injury as light as possible.
Page 339 - Judge, on account of their race, color and previous condition of servitude, and for no other reason, against the peace and dignity of the United States, and against the form of the Statute of the United States in such case made and provided.
Page 136 - The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy.
Page 339 - ... patented, for the purpose of deceiving the public, shall be liable for every such offense to a penalty of not less than one hundred dollars, •with costs, one-half of said penalty to the person who shall sue for the same, and the other to the use of the United States, to be recovered by suit in any district court of the United States, within whose jurisdiction such offense may have been committed.
Page 101 - Whether the State of Connecticut shall measure the contribution which persons resident within its jurisdiction shall make by way of taxes, in return for the protection it affords them, by the value of the credits, choses in action, bonds or stocks which they may own (other than such as are exempted or protected from taxation under the Constitution and laws of the United States) is a matter which concerns only the people of that State, with which the Federal government cannot rightfully interfere.
Page 124 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 207 - And it is further provided in the policy that, "if the interest of the assured in the property be any other than the entire, unconditional, and sole ownership of the property, for the use and benefit of the assured...