Reports of Cases Argued and Determined in the Superior Court of the City of New York, Том 10W.C. Little & Company, 1856 |
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Страница 1
... debts due to the firm . ( Before OAKLEY , C. J. , EMMET and HOFFMAN , J.J. ) Nov. 18 ; Dec. 24 , 1853 . THIS was an action to recover the possession of certain goods and chattels particularly described in a schedule annexed to the ...
... debts due to the firm . ( Before OAKLEY , C. J. , EMMET and HOFFMAN , J.J. ) Nov. 18 ; Dec. 24 , 1853 . THIS was an action to recover the possession of certain goods and chattels particularly described in a schedule annexed to the ...
Страница 2
... debts , promis- sory notes , and demands due and owing to the firm , subject to a mortgage to one William Day for $ 6000 upon the following trusts ; " To take possession of such property , goods , and chat- tels , subordinate to the ...
... debts , promis- sory notes , and demands due and owing to the firm , subject to a mortgage to one William Day for $ 6000 upon the following trusts ; " To take possession of such property , goods , and chat- tels , subordinate to the ...
Страница 5
... debt . 2nd . He was surety in the action for Kemp , and was estopped from bringing an action to recover the same goods . 3rd . The witness alleged that Kemp was his agent , and as such held possession of the goods until the assignment ...
... debt . 2nd . He was surety in the action for Kemp , and was estopped from bringing an action to recover the same goods . 3rd . The witness alleged that Kemp was his agent , and as such held possession of the goods until the assignment ...
Страница 7
... debt , leaving the avails of the mortgaged property to the other creditors . It also operates so as to apply the avails of such other pro- perty to pay , in the first place , any deficiency which may occur upon the sale of mortgaged ...
... debt , leaving the avails of the mortgaged property to the other creditors . It also operates so as to apply the avails of such other pro- perty to pay , in the first place , any deficiency which may occur upon the sale of mortgaged ...
Страница 8
... debt secured thereby , to protect which chiefly the assignment was made . Instead of doing this successfully , the mortgage and debt are thoroughly sustained by testimony entirely independ- ent of Day . The following facts relating to ...
... debt secured thereby , to protect which chiefly the assignment was made . Instead of doing this successfully , the mortgage and debt are thoroughly sustained by testimony entirely independ- ent of Day . The following facts relating to ...
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adeemed ademption advances agreement alleged amended amount answer appeal application Astor's Executors authority bequeathed bequest bill bill of lading BOSWORTH cause of action cent charge Charles Henry Hall claim clause Code codicil Common Council Company complaint construction contract corporation costs counsel court court of equity damages Daniel E debt declared deed defendants delivered delivery denied DUER effect entitled entry evidence execution fact fraud Furniss given grant ground Insurance intention interest issue Jacob Sharp John John Cook judge judgment jury Langdon legacies liable lots Mayor ment mortgage necessary opinion owner paid parties payment person plaintiff pleadings possession premises proof proved provisions purchaser question railroad recover reference rendered Reports revocation revoked rule sold statute of frauds street subsequent testator thereof tion Toll & McArdle trial trust Tylee valid verdict void vols wall Wend witness words York
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Страница 636 - Every such action shall be brought by and in the names of the personal representatives of such deceased person ; and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the proportions provided by law in relation to the distribution of personal property left by persons dying intestate...
Страница 637 - Drew. therefore, enacted, &c., that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Страница 155 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Страница 568 - ... some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to bo executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Страница 636 - Whereas no action at law is now maintainable against a person who by his wrongful act, neglect, or default may have caused the death of another person, and it is oftentimes right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him...
Страница 157 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Страница 637 - That every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused...
Страница 640 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Страница 115 - No allowance or compensation shall be made to any officer or clerk, by reason of the discharge of duties which belong to any other officer or clerk in the same or any other Department ; and no allowance or compensation shall be made for any extra services whatever, which any officer or clerk may be required to perform, unless expressly authorized by law.
Страница 637 - Parliament assembled, and by the authority of the same, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who...