Reports of Cases Argued and Determined in the Superior Court of the City of New York, Том 8W.C. Little & Company, 1855 |
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Страница 78
... assignment of the claim was made with intent to defeat the set - off . When no other ground exists to support an equitable set - off thau the insolvency of one of two parties , severally indebted to each other , the right of set - off ...
... assignment of the claim was made with intent to defeat the set - off . When no other ground exists to support an equitable set - off thau the insolvency of one of two parties , severally indebted to each other , the right of set - off ...
Страница 80
... assignment to plaintiff , was only the balance between their respective demands against each other . This was the rule of the civil law , and has always been acted upon by courts of equity . 4. The facts of the insolvency of King , and ...
... assignment to plaintiff , was only the balance between their respective demands against each other . This was the rule of the civil law , and has always been acted upon by courts of equity . 4. The facts of the insolvency of King , and ...
Страница 81
... assignment to plaintiff , the note held by them not being then due . A court of equity would not interfere to enforce or esta- blish a set - off in their favor of a claim not due . The doctrine of equitable set - off has never been ...
... assignment to plaintiff , the note held by them not being then due . A court of equity would not interfere to enforce or esta- blish a set - off in their favor of a claim not due . The doctrine of equitable set - off has never been ...
Страница 82
... assignment was made , stating the facts contained in their answer , they would not be entitled to a decree making the set - off , then the judgment appealed from is correct , and must be affirmed . No case has been cited in which such a ...
... assignment was made , stating the facts contained in their answer , they would not be entitled to a decree making the set - off , then the judgment appealed from is correct , and must be affirmed . No case has been cited in which such a ...
Страница 83
... assignment , and the demand assigned was due , and the amount owing by defendant had been liquidated by a master's report . It therefore presented a case in which the party seeking to compel the set - off had a demand against the other ...
... assignment , and the demand assigned was due , and the amount owing by defendant had been liquidated by a master's report . It therefore presented a case in which the party seeking to compel the set - off had a demand against the other ...
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Чести термини и фразе
accord and satisfaction admitted agent agreement alleged amount answer appear April assessed assignment authority averred Bank barque bill bill of exchange bond BOSWORTH camphene cargo cause of action cent charge charter-party checks claim Code complaint Connecticut contract costs court of equity covenant creditors damages debt debtor decision defendant delivered demand demurrer denied dollars DUER duty endorsed entitled evidence execution facts freight given ground Heubach Brothers Holsman insured interest issue John judge judgment jury Justice Justice Paine lease levy liable lien Mayor ment Mollmann mortgage motion notice nulla bona objection owner paid parties payable payment person plaintiff pleadings possession premises promissory note proof proved purchase question reason received recover remit set-off sheriff ship Smith sold special term statute suit sureties testified testimony thereof tiff tion trial usage verdict vessel Wend Westervelt witness York
Популарни одломци
Страница 642 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Страница 666 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Страница 108 - All deeds of gift, all conveyances, and all transfers or assignments, verbal or written, of goods, chattels, or things in action, made in trust for the use of the person making the same, shall be void as against the creditors, existing or subsequent, of such person.
Страница 91 - ... 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; and also all the estate, right, title, interest.
Страница 467 - The defendant may set forth by answer as many defences and counter-claims as he may have, whether they be such as have been heretofore denominated legal or equitable, or both.
Страница 495 - No rule in the interpretation of a policy is more fully established, or more imperative and controlling, than that which declares that in all cases it must be liberally construed in favor of the insured, so as not to defeat, without a plain necessity, his claim to the Indemnity which, In making the insurance, it was his object to secure.
Страница 429 - It is thoroughly settled, because universally held, that a wife has an insurable interest in the life of her husband, and...
Страница 538 - ... upon such terms and conditions as in his judgment may appear best, and most for the interest of the parties concerned...
Страница 627 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
Страница 440 - ... in witness whereof the said parties to these presents have hereunto interchangeably set their hands and seals, the day and year first above written.