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 92
Page 13
... tion deceased , insane , or lunatic . " The death is sufficiently deter- mined for this purpose by prima facie evidence . 28 Where the incapacity is mental , a question may arise as to what degree of insanity will bring the case within ...
... tion deceased , insane , or lunatic . " The death is sufficiently deter- mined for this purpose by prima facie evidence . 28 Where the incapacity is mental , a question may arise as to what degree of insanity will bring the case within ...
Page 15
... tion with the deceased , he was guilty of a conversion , from liability for which he will be relieved by a judgment against the assignee or successor in interest of the deceased , he cannot testify against such assignee or successor in ...
... tion with the deceased , he was guilty of a conversion , from liability for which he will be relieved by a judgment against the assignee or successor in interest of the deceased , he cannot testify against such assignee or successor in ...
Page 16
... tion as to such communication , & c . Ib . This last decision seems to go beyond the general purpose of the statute , which is that when adverse rights by succession are involved , one litigant shall not testify to a transaction with ...
... tion as to such communication , & c . Ib . This last decision seems to go beyond the general purpose of the statute , which is that when adverse rights by succession are involved , one litigant shall not testify to a transaction with ...
Page 19
... tion , it was held that he could not testify to the fact that the deceased had no other sources of income than such payments , for this was only which to raise a presumption as to transaction with deceased person could not be raised by ...
... tion , it was held that he could not testify to the fact that the deceased had no other sources of income than such payments , for this was only which to raise a presumption as to transaction with deceased person could not be raised by ...
Page 24
... tion thereof , which the plaintiff had agreed to loan , for the purpose of discharging the first mortgage . But this intention was at no time communicated to the plaintiffs by the defendant or Levinger . It is true that plaintiff ...
... tion thereof , which the plaintiff had agreed to loan , for the purpose of discharging the first mortgage . But this intention was at no time communicated to the plaintiffs by the defendant or Levinger . It is true that plaintiff ...
Contents
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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.