Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Том 45Gould, Banks & Gould, 1866 |
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Страница 25
... objection that this plaintiff can not recover , because they say her name is Mary Flood . That does not make any difference . If the plaintiff has been known to the community , and passed by the name of Mary Cooper as much or more than ...
... objection that this plaintiff can not recover , because they say her name is Mary Flood . That does not make any difference . If the plaintiff has been known to the community , and passed by the name of Mary Cooper as much or more than ...
Страница 26
... objection to her recovery under this name . " This doctrine is applicable to a plea of misnomer of the defendant — and the reason is that a plaintiff can not know that a defendant has any other name than that by which he is commonly ...
... objection to her recovery under this name . " This doctrine is applicable to a plea of misnomer of the defendant — and the reason is that a plaintiff can not know that a defendant has any other name than that by which he is commonly ...
Страница 31
... objected to , it had not been shown in the case that the defends ants were the legal representatives of Mary Cooper , deceased . The objection , therefore , was not well taken , under section 399 of the code . II . The motion to dismiss ...
... objected to , it had not been shown in the case that the defends ants were the legal representatives of Mary Cooper , deceased . The objection , therefore , was not well taken , under section 399 of the code . II . The motion to dismiss ...
Страница 35
... objection is not well taken . The judgment should be affirmed , with costs . [ NEW YORK GENERAL TERM , September 19 , 1865. Ingraham , Leonard and Sutherland , Justices . ] ANGRAVE US . STONE and others . In an action to set aside as ...
... objection is not well taken . The judgment should be affirmed , with costs . [ NEW YORK GENERAL TERM , September 19 , 1865. Ingraham , Leonard and Sutherland , Justices . ] ANGRAVE US . STONE and others . In an action to set aside as ...
Страница 36
... objection of the defendants of an assignment by Edward Stone , one of the judgment debtors , to his son , Edward F. Stone , and of the consideration therefor , and the manner of its payment , occurring in May , 1861 ; while the ...
... objection of the defendants of an assignment by Edward Stone , one of the judgment debtors , to his son , Edward F. Stone , and of the consideration therefor , and the manner of its payment , occurring in May , 1861 ; while the ...
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action affidavit affirmed agent agreement alleged amount appeal applied articles of association assignment association authority Bank Barb canal charge Christy claim commissioners common council complaint contract conveyance counsel court court of equity creditors Croton aqueduct damages debt deceased defendant defendant's delivered delivery dollars duty entitled equity evidence executed executor fact fraud gold granted Harriet held indorsed Ingraham intended interest issue Jacob H John judge judgment jurisdiction jury Justices land legislature liable lien mandamus ment mortgage N. Y. Rep North Chili notice objection paid parties payable payment person plaintiff possession premises proceedings proof purchase purpose question Railroad Company received recover referred rule Seneca county special term statute street tender testator thereof Third Avenue Railroad tion trial trust usurious valid verdict Wend William O'Neill witness York Central Railroad
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Страница 519 - The time during which the person committing any of the offenses above mentioned is absent from the district wherein the same is committed shall not be taken as any part of the time limited by law for the commencement of such proceedings.
Страница 220 - No owner of any vessel shall be liable to answer for or make good to any person any loss or damage which may happen to any merchandise whatsoever, which shall be shipped, taken in, or put on board any such vessel, by reason or by means of any fire happening to or on board the vessel, unless such fire is caused by the design or neglect of such owner.
Страница 276 - No liability is assumed for errors in cipher or obscure messages, nor is any liability assumed by this company for any error or neglect by any other company over whose lines this message may be sent to reach its destination...
Страница 348 - The report of the referees upon the whole issue, stands as the decision of the court, and judgment may be entered thereon in the same manner as if the action had been tried by the court.
Страница 203 - ... provisions in acts of Parliament according to the ordinary sense of the words, unless such construction would lead to some unreasonable result, or be inconsistent with, or contrary to, the declared or implied intention of the framer of the law, in which case the grammatical sense of the words may be extended or modified ; instances of which are to be found in the case of Eyston v.
Страница 378 - That we may the better apprehend the nature of a visitor, we are to consider, that there are in law two sorts of corporations aggregate: such as are for public government, and such as are for private charity. Those that are for the public government of a town, city, mystery, or the like, being for public advantage, are to be governed according to the laws of the land...
Страница 319 - NY of the first part, for and in consideration of the sum of five hundred dollars, lawful money of the United States, to him in hand paid at or before the cnsealing and delivery of these presents...
Страница 645 - To divide, withdraw, or in any manner pay to the stockholders, or any of them, any part of the capital stock of the corporation ; or to reduce such capital stock without the consent of the legislature ; or, 3.
Страница 316 - The true meaning of this maxim is, that equity will treat the subject-matter, as to collateral consequences, and incidents, in the same manner as if the final acts contemplated by the parties had been executed exactly as they oug-ht to have been ; not as the parties might have executed them.
Страница 585 - ... whenever any proceeding taken by a party fails to conform in any respect to the provisions of this code, the court may, in like manner, and upon like terms, permit an amendment of such proceeding, so as to make it conformable thereto.