The New York Supplement, Volume 217West Publishing Company, 1927 |
From inside the book
Results 1-5 of 100
Page 1
... allegations of the complaint , except that it admits plaintiff left the defendant on July 21 , 1910 , and that he has ... alleged cause of action set forth in the complaint did not ac- crue within 10 years next preceding the commencement ...
... allegations of the complaint , except that it admits plaintiff left the defendant on July 21 , 1910 , and that he has ... alleged cause of action set forth in the complaint did not ac- crue within 10 years next preceding the commencement ...
Page 2
... alleged and relied on to maintain this action are all acts and conduct alleged to have taken place over 16 years ago , and nothing is set forth subsequent to those dates . Those acts , owing to the statute of limitations , are not now ...
... alleged and relied on to maintain this action are all acts and conduct alleged to have taken place over 16 years ago , and nothing is set forth subsequent to those dates . Those acts , owing to the statute of limitations , are not now ...
Page 13
... alleged assignee of the judgment debtor's property to set aside an alleged as- signment as having been made with intent to defraud the judgment debtor's creditors . There is no allegation that execution was ever issued on the judgment ...
... alleged assignee of the judgment debtor's property to set aside an alleged as- signment as having been made with intent to defraud the judgment debtor's creditors . There is no allegation that execution was ever issued on the judgment ...
Page 26
... alleged last will and testament of Addie M. Bundy , deceased . From a decree denying probate of the will on the sole ground of undue influence , proponent and contestants bring cross - appeals . Reversed on the law and facts , and ...
... alleged last will and testament of Addie M. Bundy , deceased . From a decree denying probate of the will on the sole ground of undue influence , proponent and contestants bring cross - appeals . Reversed on the law and facts , and ...
Page 33
... alleged in the moving affidavits " that the alleged contract on which the action is founded is not en- forceable under the provisions of the statute of frauds . " In their affidavits the defendants assert that they were out of the city ...
... alleged in the moving affidavits " that the alleged contract on which the action is founded is not en- forceable under the provisions of the statute of frauds . " In their affidavits the defendants assert that they were out of the city ...
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Popular passages
Page 99 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 113 - TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof.
Page 99 - The title of a person who negotiates an instrument is defective within the meaning of this Act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 479 - ... him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, before said Commission, or in obedience to its subpoena, or the subpoena of either of them, or in any such case or proceeding...
Page 651 - The courts are not free to refuse to enforce a foreign right at the pleasure of the judges, to suit the individual notion of expediency or fairness. They do not close their doors unless help would violate some fundamental principle of justice, some prevalent conception of good morals, some deep-rooted tradition of the common weal.
Page 232 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 474 - Every person negotiating an instrument by delivery or by a qualified indorsement, warrants: 1. That the instrument is genuine and in all respects what it purports to be; 2. That he has a good title to it; 3. That all prior parties had capacity to contract; 4. That he has no knowledge of any fact which would impair the validity of the instrument or render it valueless.
Page 479 - ... that the testimony or evidence, documentary or otherwise, required of him may tend to convict him of a crime or to subject him to a penalty or forfeiture ; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing...
Page 350 - There is no claim that the agreements were made in contemplation of death or to take effect in possession or enjoyment at or after death.
Page 398 - A ;" to have and to hold the same, and every part and parcel thereof, with the appurtenances...