The New York Supplement, Volume 217West Publishing Company, 1927 |
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Page 2
... fact appears that for 16 years plaintiff endeavored to locate the defendant and has just suc- ceeded . It may be that she has demanded that he provide for her , and that he has since refused , but she has not alleged this essential fact ...
... fact appears that for 16 years plaintiff endeavored to locate the defendant and has just suc- ceeded . It may be that she has demanded that he provide for her , and that he has since refused , but she has not alleged this essential fact ...
Page 11
... fact made , and the 20,000 marks were in fact transferred to the Frankfurter Bank , but for the account of the wrong Nachlass ( or estate ) . But that mistake was not the fault of the defendants , but of the company transmitting the ...
... fact made , and the 20,000 marks were in fact transferred to the Frankfurter Bank , but for the account of the wrong Nachlass ( or estate ) . But that mistake was not the fault of the defendants , but of the company transmitting the ...
Page 12
... fact so transferred , and where the bankers in this country made no effort to carry out their contracts of transfer , or did not actually transfer the money abroad . In this case defendants in perfect good faith attempted to carry out ...
... fact so transferred , and where the bankers in this country made no effort to carry out their contracts of transfer , or did not actually transfer the money abroad . In this case defendants in perfect good faith attempted to carry out ...
Page 30
... fact that the chief actor is also the principal beneficiary . It must be established by affirmative evidence . It is thus established , however , when facts are proved from which it re- sults as an unavoidable inference . It is true ...
... fact that the chief actor is also the principal beneficiary . It must be established by affirmative evidence . It is thus established , however , when facts are proved from which it re- sults as an unavoidable inference . It is true ...
Page 31
... fact that the beneficiary was the guardian , attorney , or trustee of the decedent does not alone create a presumption against a testamentary gift , or that it was procured by undue influence . Coffin v . Coffin , 23 N. Y. 9 [ 80 Am ...
... fact that the beneficiary was the guardian , attorney , or trustee of the decedent does not alone create a presumption against a testamentary gift , or that it was procured by undue influence . Coffin v . Coffin , 23 N. Y. 9 [ 80 Am ...
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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...