Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volume 57 |
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Results 1-5 of 85
Page 30
... execution and delivery of said release , that the plaintiff had in his possession a certain affidavit made by a third person as to a number of facts which showed fraud to some extent , on the part of the defendant , in the original ...
... execution and delivery of said release , that the plaintiff had in his possession a certain affidavit made by a third person as to a number of facts which showed fraud to some extent , on the part of the defendant , in the original ...
Page 31
... executed under duress - plaintiff and his family being upon the verge of starvation - and the evi- dence offered , showing constraint amounting to duress , should have been received . Thomas v . Mc- Daniel , 14 Johns . , 185 ; McPherson ...
... executed under duress - plaintiff and his family being upon the verge of starvation - and the evi- dence offered , showing constraint amounting to duress , should have been received . Thomas v . Mc- Daniel , 14 Johns . , 185 ; McPherson ...
Page 32
... execution , had been duly returned or tend- ered to the defendant before the commencement of the action . Although there were no such allega- tions in the complaint , yet the court at the trial of- fered to allow , and did allow ...
... execution , had been duly returned or tend- ered to the defendant before the commencement of the action . Although there were no such allega- tions in the complaint , yet the court at the trial of- fered to allow , and did allow ...
Page 33
... executed solemn release , each to the other , neither could rescind or avoid the effect of the releases on the ground of fraud without acting promptly upon the discovery of the fraud and restoring or offering to restore to the other ...
... executed solemn release , each to the other , neither could rescind or avoid the effect of the releases on the ground of fraud without acting promptly upon the discovery of the fraud and restoring or offering to restore to the other ...
Page 34
... executed , under his hand and seal , and delivered to the defendant the release referred to , and that in ... execution and delivery of such release , the plaintiff had in his possession a certain affidavit made by a third person as to a ...
... executed , under his hand and seal , and delivered to the defendant the release referred to , and that in ... execution and delivery of such release , the plaintiff had in his possession a certain affidavit made by a third person as to a ...
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Common terms and phrases
adjudged affirmed with costs aforesaid alleged amount answer appellant Appellant's points argued assignment attorney authority Barb bond cause of action charge Civil Procedure claim Code Cohu complaint concurred contract conveyed corporation counsel court of equity COURT.-SEDGWICK creditors damages deed defendant defendant's demurrer Dutch easement electrical conductors elevated railway entitled equity evidence executed facts favor fee simple fendant foreclosure fraud FREEDMAN granted ground held INGRAHAM injunction insurable interest issue John judgment entered June 28 jurisdiction jury land lease matter Mayor ment mortgage motion negligence O'GORMAN Opinion owner paid parties payment plaint plaintiff pleadings possession premises proceedings proof question railroad railway Rapallo reason received recover referred refused relief request respondent Respondent's points Roach rule security for costs SEDGWICK special term Statement statute stockholders street Super sustained testimony tion trial judge TRUAX trust verdict witness York
Popular passages
Page 11 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 434 - ... an error, in the admission or exclusion of evidence, or in any other ruling or direction of the judge, upon the trial, may, in the discretion of the court which reviews it. be disregarded, if that court is of opinion, that substantial justice does not require that a new trial should be granted.
Page 52 - Bronx in said city, in the office of the register of the city and county of New York.
Page 6 - But it must appear, upon the face of the complaint, that all the causes of action, so united, belong to one of the foregoing subdivisions of this section...
Page 481 - ... it shall be the duty of the prothonotary of any court of record within this commonwealth, on the application of any person being the original holder [or assignee of such holder] of a note, bond, or other instrument of writing in which judgment is confessed, or containing a warrant for an attorney at law or other person to confess judgment, to enter judgment against the person or persons who executed the same for the amount which, from the face of the instrument, may appear to be due...
Page 515 - A person seized of an estate in remainder or reversion, may maintain an action founded upon an injury done to the inheritance, notwithstanding any intervening estate for life or for years.
Page 102 - Court, that taking a note, either of the debtor or of a third person, for a pre-existing debt, is no payment, unless it be expressly agreed to take the note as payment, and to run the risk of its being paid; or unless the creditor parts with the note, or is guilty of laches in not presenting it for payment in due time.
Page 523 - The mistake which will warrant a court of equity to reform a contract in writing must be one made by both parties to the agreement, so that the intentions of neither are expressed in it ; or it must be the mistake of one party, by which his intentions have failed of correct expression, and there must be fraud in the other party in taking advantage of that mistake and obtaining a contract with the knowledge that the one dealing with him is in error in regard to what are its terms.
Page 487 - The fact that the Court had jurisdiction of the subject matter, and of the person of the defendant, is sufficient to establish the validity of the judgment until reversed or set aside.
Page 57 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another ; therefore it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree.