New Cases Selected Chiefly from Decisions of the Courts of the State of New York, Volume 2George S. Diossy, 1878 |
From inside the book
Results 1-5 of 46
Page xv
... intent of covenant as to incumbrances , 56 . weight of conflicting testimony of parties , to be sub- mitted to jury , 274 . EXAMINATION — of adverse claimant against sequestrator , 29 . INDEX . XV Attorney and client: Examin- ation of ...
... intent of covenant as to incumbrances , 56 . weight of conflicting testimony of parties , to be sub- mitted to jury , 274 . EXAMINATION — of adverse claimant against sequestrator , 29 . INDEX . XV Attorney and client: Examin- ation of ...
Page 1
... intent of section 399 of the Code , and the plaintiff could not , as against the executors of the deceased , testify to the remark so made . * An attorney suing for compensation for his services , claimed in one count of his complaint ...
... intent of section 399 of the Code , and the plaintiff could not , as against the executors of the deceased , testify to the remark so made . * An attorney suing for compensation for his services , claimed in one count of his complaint ...
Page 5
... towards plaintiff , and thus giving him to understand that he was the party referred to . This , we think , was a per- sonal communication within the intent of section 399 . Brague v . Lord . The superior court , at ABBOTT'S NEW CASES . 5.
... towards plaintiff , and thus giving him to understand that he was the party referred to . This , we think , was a per- sonal communication within the intent of section 399 . Brague v . Lord . The superior court , at ABBOTT'S NEW CASES . 5.
Page 13
... intent in making a transfer to the deceased ; " but the soundness of this con- clusion is doubtful . Intent communicated to , or even legally pre- sumable to have been shared by the deceased , could not be proved by the witness ; but if ...
... intent in making a transfer to the deceased ; " but the soundness of this con- clusion is doubtful . Intent communicated to , or even legally pre- sumable to have been shared by the deceased , could not be proved by the witness ; but if ...
Page 19
... intent of the witness or party examined , in acting on the transaction in question , becomes material , he cannot be asked his intent . The intent is a part of the transaction . Thus on the issue whether a transfer by witness to the ...
... intent of the witness or party examined , in acting on the transaction in question , becomes material , he cannot be asked his intent . The intent is a part of the transaction . Thus on the issue whether a transfer by witness to the ...
Contents
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359 | |
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237 | |
279 | |
295 | |
386 | |
404 | |
418 | |
424 | |
432 | |
444 | |
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461 | |
Other editions - View all
New Cases: Selected Chiefly from Decisions of the Courts of the ..., Volume 2 Austin Abbott,James MacGregor Smith No preview available - 2015 |
New Cases: Selected Chiefly from Decisions of the Courts of the ..., Volume 2 Austin Abbott,James MacGregor Smith No preview available - 2018 |
New Cases: Selected Chiefly from Decisions of the Courts of the ..., Volume 2 Austin Abbott,James MacGregor Smith No preview available - 2015 |
Common terms and phrases
action was brought affidavit alleged allowed amount answer appeal application assignment attorney Bank Barb bill cause of action cited claim Code complaint contract conveyance costs court of equity covenant creditors debt debtor deceased decree deed defendant defendant's Dieckerhoff discharge Embury enforce entitled equity evidence examination execution executors fact fees fifty-sixth street filed foreclosure fraud Gilbert granted ground held Henry Nathan hundred and fifty-sixth incumbrance indorsed interest issue Jacob Carpenter Jennie Shepard John judge judgment jury land liable lien ment mortgage motion N. Y. Supreme Court Nathan & Co ne exeat notice obtained owner paid Paige payment person plaintiff premises proceedings purchaser question received recover referred rule sequestration sheriff sheriff's deed Special Term statute Stilwell suit surrogate's court testator testify testimony therein thereof tion Townshend transaction trial trust usury Waitzfelders Wend witness
Popular passages
Page 137 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 363 - A party or a witness, examined in a special proceeding, authorized by this article is not excused from answering a question, on the ground that his examination will tend to convict him of the commission of a fraud...
Page 169 - ... every such conveyance not so recorded shall be void as against any subsequent purchaser, in good faith and for a valuable consideration of the same real estate, or any portion thereof, whose conveyance shall be first duly recorded.
Page 219 - ... The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 475 - ... court, or on any execution issuing out of any court of equity, in any suit or proceeding instituted for the recovery of any money due upon any judgment or decree founded upon contract, or due upon any contract express or implied, or for the recovery of any damages for the non-performance of any contract.
Page 137 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Page 313 - Service by mail may be made, where the person making the service, and the person on whom it is to be made, reside in different places, between which there is a regular communication by nail SEC.
Page 335 - Nothing contained in this chapter shall be construed to impair or affect the right of any person to whom any debt may be due for work done or materials furnished to maintain a personal action to recover said debt against the person liable therefor...
Page 41 - ... the property and effects of an insolvent estate, corporation, association, partnership, or individual, may, for the benefit of creditors or others interested in the estate or property so held in trust, disaffirm, treat as void, and resist all acts done, transfers and agreements made in fraud of the rights of any creditor, including themselves and others interested in any estate or property held by or of right belonging to any such trustee or estate.
Page 10 - ... shall not extend to any transaction or communication as to which any such executor, administrator, heir at law, next of kin, assignee, legatee, devisee, survivor or committeeman shall be examined on his own behalf, or as to which the testimony of such deceased person or lunatic shall be given in evidence.