Reports of Cases Argued and Determined in the Court of Appeals of the State of New York, Volume 41New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand Lawyers Cooperative Publishing Company, 1870 |
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Page 35
... recover the amount payable in the bond - Held , that it was void , both from an entire want of consideration for the original bond , for which it was substituted , and on account of the fraud in the original issue of the bonds by the ...
... recover the amount payable in the bond - Held , that it was void , both from an entire want of consideration for the original bond , for which it was substituted , and on account of the fraud in the original issue of the bonds by the ...
Page 54
... recover of the defendant the sum of $ 5,000 and interest from the date of the sale to B. - Held , ( GROVER , MURRAY and DANIELS , JJ . , contra ) , that the defend- ant must be regarded as having acted as a quasi trustee for the ...
... recover of the defendant the sum of $ 5,000 and interest from the date of the sale to B. - Held , ( GROVER , MURRAY and DANIELS , JJ . , contra ) , that the defend- ant must be regarded as having acted as a quasi trustee for the ...
Page 56
... recover $ 5,000 , one - third of the surplus of $ 15,000 , and interest , from the date of the sale , to Beekman . In February , 1865 , after issue joined in this action , Beek- man paid to defendant the balance of the purchase price of ...
... recover $ 5,000 , one - third of the surplus of $ 15,000 , and interest , from the date of the sale , to Beekman . In February , 1865 , after issue joined in this action , Beek- man paid to defendant the balance of the purchase price of ...
Page 63
... recover it , surely , whether any portion of the residue of the purchase money was ever paid or not . The referee was right in disallowing this claim , and also the claim made by the appellant , for the amount of interest paid by him to ...
... recover it , surely , whether any portion of the residue of the purchase money was ever paid or not . The referee was right in disallowing this claim , and also the claim made by the appellant , for the amount of interest paid by him to ...
Page 64
... recover , notwithstanding the claim of Scranton or of the Scranton Coal Company . The intestate and J. J. Slocum agreed with the appellant in the contract of the 8th of August , that he might retain in his hands their proportion of the ...
... recover , notwithstanding the claim of Scranton or of the Scranton Coal Company . The intestate and J. J. Slocum agreed with the appellant in the contract of the 8th of August , that he might retain in his hands their proportion of the ...
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Common terms and phrases
affirmed agreement alleged amount appellant applied assignment authority Bank Barb bond cause of action charge cited claim commenced complaint concurring contract convey conveyance counsel court of equity covenant damages DANIELS death debts deceased declared deed defendant defendant's demand Dissenting Opinion district duty entitled error estoppel evidence execution executor fact granted grantor ground GROVER HAND-VOL heirs held holder indorser interest intestate issue JAMES John Jackson judge judgment jury land liable Long Island Railroad LOTT marriage MASON ment mortgage notice Oswego owner paid Paige parties payable payment person plaintiff plaintiff in error possession premises present proceedings promissory note purchase question reason received recover referred remainder rendered respondent reversed Richard Quin rule salt sheriff Special Term Staats Statement statute Supreme Court thereof tion trial trust usury valid vested Wend widow wife witness WOODRUFF
Popular passages
Page 76 - Future estates are either vested or contingent. They are vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate.
Page 389 - Each stockholder of any company formed under this act, shall be individually liable to the creditors of such company, to an amount equal to the amount unpaid on the stock held by him, for all the debts and liabilities of such company, until the whole amount of the capital stock so held by him shall have been paid to the company...
Page 29 - The term felony, when used in this act, or in any other statute, shall be construed to mean an offence for which the offender, on conviction, shall be liable by law to be punished by death, or by imprisonment in a State Prison.
Page 387 - ... as they may deem proper. If any stockholder shall neglect to pay any installment as required by a resolution of the board of directors, the said board shall be authorized to declare...
Page 112 - Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Page 566 - The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation ; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Page 334 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Page 387 - ... properly directed to him at the post-office nearest his usual place of residence, stating that he is required to make such payment at the time and place specified in said notice, and that, if he fails to make the same, his stock and all previous payments thereon will be forfeited...
Page 110 - ... the plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable or both where they arise out of : 1.
Page 71 - for and during his natural life, and after his decease to his heirs and their assigns.