Reports of Cases Decided in the Court of Appeals of the State of New York, Том 111New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels Lawyers Co-operative Publishing Company, 1889 |
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Страница 51
... pay rent accruing upon a lease subsequent to its dissolution . Judge RAPALLO said : " This claim is not founded upon the allegation of any payment , release or surrender , or anything affecting the merits of the claim , but upon the ...
... pay rent accruing upon a lease subsequent to its dissolution . Judge RAPALLO said : " This claim is not founded upon the allegation of any payment , release or surrender , or anything affecting the merits of the claim , but upon the ...
Страница 61
... payment of an obligation before maturity . The time of payment of a pecuniary obli- gation is a material provision in such contract , and we know of no authority to require a creditor to accept payment in advance , any more than one to ...
... payment of an obligation before maturity . The time of payment of a pecuniary obli- gation is a material provision in such contract , and we know of no authority to require a creditor to accept payment in advance , any more than one to ...
Страница 170
... payment . The order declared that upon the execution and delivery of the mortgage it should be a first lien on the ... pay off the mortgage or defend against it , the judgment was final ; that the purchaser Statement of case . would ...
... payment . The order declared that upon the execution and delivery of the mortgage it should be a first lien on the ... pay off the mortgage or defend against it , the judgment was final ; that the purchaser Statement of case . would ...
Страница 175
... payment thereof , especially so in this case , where , as the petition shows , the trustee had no funds to pay for them , and to create a lien for same thereon . ( New v . Nicoll , 73 N. Y. 127 ; Perry v . Board of Missions , 102 id ...
... payment thereof , especially so in this case , where , as the petition shows , the trustee had no funds to pay for them , and to create a lien for same thereon . ( New v . Nicoll , 73 N. Y. 127 ; Perry v . Board of Missions , 102 id ...
Страница 205
... payment of the legacies , and could have included in a prayer that if the personal property was insufficient the execu- should be compelled to exercise the power of sale of the real estate her by the will , and with the proceeds pay ...
... payment of the legacies , and could have included in a prayer that if the personal property was insufficient the execu- should be compelled to exercise the power of sale of the real estate her by the will , and with the proceeds pay ...
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Чести термини и фразе
affirmed agreement alleged amount appeal apply authority Barb bond Broadway Surface cause of action chap charged charter claim clause Constitution construction contract Cornell corporation counsel court of equity creditors DANFORTH death debts deceased decided November 27 defendant defendant's devise duty entitled equity evidence ex rel execution executor executrix facts franchise fund grant held hold husband income intent interest Jennie McGraw John McGraw judgment judicial department jury land legatee legislature lien limitation LXVI Mayor ment mortgage Opinion paid Paige parties payment PECKHAM plaintiff Potomac Co provisions purchase purpose question R. R. Co Railroad Company real estate reason received repeal respondent Revised Statutes RUGER scrip SICKELS-VOL Slander and Libel Statement statute of limitations supra Supreme Court surrogate Term testator's testatrix thereof tion traffic contracts trial trust valid vested void Wend wife York
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Страница 577 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Страница 150 - ... the law considers such publication as malicious unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Страница 150 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Страница 570 - ... accompanied by an immediate delivery, and followed by an actual and continued change of possession...
Страница 549 - The county court shall have, such jurisdiction in cases arising in justices courts, and in special cases, as the Legislature may prescribe ; but shall have no original civil jurisdiction, except in such special cases.
Страница 141 - They are nothing more or less than the powers of government inherent in every sovereignty to the extent of its dominions.
Страница 62 - It may, however, be stated generally, that due process of law requires an orderly proceeding, adapted to the nature of the case, in which the citizen has an opportunity to be heard, and to defend, enforce, and protect his rights. A hearing or an opportunity to be heard is absolutely essential. We cannot conceive of due process of law without this.
Страница 142 - The inquiry there was as to the extent of the police power in cases where the public interest is affected ; and we held that when an employment or business becomes a matter of such public interest and importance as to create a common charge or burden upon the citizen ; in other words, when it becomes a practical monopoly, to which the citizen is compelled to resort, and by means of which a tribute can be exacted from the community, it is subject to regulation by the legislative power.
Страница 394 - No agent has power in behalf of the company to make or modify this or any other contract of insurance, to extend the time for paying a premium, to waive any forfeiture, or to bind the company by making any promise, or making or receiving any representation or information.
Страница 369 - A challenge to the panel can be founded only on a material departure from the forms prescribed in respect to the drawing and return of the jury in civil actions, or on the intentional omission of the sheriff to summon one or more of the jurors drawn.