Reports of Cases Argued and Determined in the Court of Appeals of the State of New York, Том 21New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Samuel Hand, Joel Tiffany Little & Company, 1867 |
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Страница 15
... questions arising under the Federal Constitution , must necessarily be binding on us . We are not at liberty to inquire ... question before us is , therefore , narrowed to a consider- ation of the effect of the provision in the general ...
... questions arising under the Federal Constitution , must necessarily be binding on us . We are not at liberty to inquire ... question before us is , therefore , narrowed to a consider- ation of the effect of the provision in the general ...
Страница 26
... question . We think the judgment must be affirmed . All the judges concurred ; SELDEN , J. , excepting , however , to that portion of the opinion which , as he thought , implied that it might be indifferent upon the question of actual ...
... question . We think the judgment must be affirmed . All the judges concurred ; SELDEN , J. , excepting , however , to that portion of the opinion which , as he thought , implied that it might be indifferent upon the question of actual ...
Страница 29
... question presented for our considera- tion upon this appeal , is , as to the correctness of the charge of the judge ... question the finding in this respect . The main question litigated before the jury , was , whether the defendant ...
... question presented for our considera- tion upon this appeal , is , as to the correctness of the charge of the judge ... question the finding in this respect . The main question litigated before the jury , was , whether the defendant ...
Страница 32
... question ; and the jury found against the defendant . The legal questions open for discussion in this court arise on the charge of the judge . The judge , among other things , charged that if the jury were satisfied from the testimony ...
... question ; and the jury found against the defendant . The legal questions open for discussion in this court arise on the charge of the judge . The judge , among other things , charged that if the jury were satisfied from the testimony ...
Страница 33
... question . This objection , however , comes too late . The sufficiency of the proof of ill - feeling between the parties was not made a question on the trial ; and we are not to assume that the Case , as made up , contains all the ...
... question . This objection , however , comes too late . The sufficiency of the proof of ill - feeling between the parties was not made a question on the trial ; and we are not to assume that the Case , as made up , contains all the ...
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action agent agreement alleged amount answer appealed applied assignment authority Bank Bank of Attica bill bond cash charge charter claim common law consideration contract corporation counsel courts of equity creditors debt debtor decision declared deed defendant defendant's delivered DENIO discharge doctrine effect entitled equity evidence execution executor facts favor foreclosure Francis Kernan fund given ground guaranty held indorsed insolvent Insurance Company intended interest judges concurring jury land law day legislature liable lien loan loss ment mortgage mortgagor mutual companies mutual insurance notice Ontario Bank opinion owner paid parties payment person plaintiff premium notes present principle promise promissory note proved purchase question received recover referred refused rent respect reversed rule SELDEN Sir William Johnson SMITH.-VOL sold statute of frauds Supreme Court tender tion trial trustees usury vessel void warranty Wend
Популарни одломци
Страница 81 - Corporations may be formed under general laws; but shall not be created by special act, except for municipal purposes, and in cases where in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws. All general laws and special acts passed pursuant to this section, may be altered from time to time or repealed.
Страница 434 - In the following cases, every agreement shall be void, unless such agreement, or some note or memorandum thereof, expressing the consideration, be in writing, and subscribed by the party to be charged therewith : — 1. Every agreement that, by its terms, is not to be performed within one year from the making thereof; 2.
Страница 11 - The stockholders in every corporation and joint-stock association for banking purposes issuing bank notes or any kind of paper credits to circulate as money...
Страница 363 - ... a mortgage is a charge upon the land ; and whatever would give the money will carry the estate in the land along with it, to every purpose. The estate in the land is the same thing as the money due upon it. It will be liable to debts ; it will go to executors ; it will pass by a will not made and executed with the solemnities required by the statute of frauds.
Страница 313 - The court may in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.
Страница 195 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Страница 262 - ... shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be thereafter contracted...
Страница 140 - Each of said notes shall be payable, in part or in whole, at any time when the directors shall deem the same requisite for the payment of losses by fire or inland navigation, and such incidental expenses as may be necessary for transacting the business of said company.
Страница 495 - ... shall be deemed and adjudged a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court having cognizance thereof.
Страница 524 - If, after such reconsideration, twothirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by twothirds of the members present it shall become a law.