The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit, and District Courts, Appellate Courts of the Several States, State and City Courts of New York and English Courts, Том 20McDivitt, Campbell & Company, 1885 |
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Страница 26
... accepted by the defendant in payment of the notes , & c . , presented , and forwarded to the plain- tiffs , who had never returned any of them . Held , That the defendant was relieved by this custom from any liability for accept- ing in ...
... accepted by the defendant in payment of the notes , & c . , presented , and forwarded to the plain- tiffs , who had never returned any of them . Held , That the defendant was relieved by this custom from any liability for accept- ing in ...
Страница 35
... accept it , for the ulti- mate security of defendant . The objection to the question asked of plaintiff , Simson , was The fact of properly overruled . furnishing money to his son , since deceased , was competent to be proved by his ...
... accept it , for the ulti- mate security of defendant . The objection to the question asked of plaintiff , Simson , was The fact of properly overruled . furnishing money to his son , since deceased , was competent to be proved by his ...
Страница 39
... accepted by the latter . Upon the application of the defendant , the plaintiff was ordered to furnish a bill of particulars , stating the nature of all the articles carried away by the defendant and their value . Peter Condon , for ...
... accepted by the latter . Upon the application of the defendant , the plaintiff was ordered to furnish a bill of particulars , stating the nature of all the articles carried away by the defendant and their value . Peter Condon , for ...
Страница 46
... accept , such refusal dispenses with the ne- cessity of any further tender of other barley . Where a seller tenders three loads of barley and the buyer examines them , and one load is of the quality required by the contract , but the ...
... accept , such refusal dispenses with the ne- cessity of any further tender of other barley . Where a seller tenders three loads of barley and the buyer examines them , and one load is of the quality required by the contract , but the ...
Страница 47
... accept , plaintiff is not bound to continue day after day to draw other loads to defendant and have them refused until he has drawn and tendered the whole amount required by the contract . Refusal to accept is a breach of contract , and ...
... accept , plaintiff is not bound to continue day after day to draw other loads to defendant and have them refused until he has drawn and tendered the whole amount required by the contract . Refusal to accept is a breach of contract , and ...
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Чести термини и фразе
Action to recover action was brought agreement alleged amount Appeal from judgment applt assignment attorney Barb Barker bond Bradley cause of action charge claim commissioners complaint concur contract costs COURT OF APPEALS creditors damages debt deceased Decided Jan Decided Nov Decided Oct deed defendant defendant's entitled error evidence executed executor fact fendant FIFTH DEPT firm foreclosure fraud Haight Held injury insured judg Judgment affirmed judgment entered jury land lease letters testamentary liable lien ment mortgage motion N. Y. COURT N. Y. SUPREME COURT negligence Opinion Order affirmed order denying owner paid parties payment person plain plaintiff possession premises proceedings promissory note proof purchase question Rapallo real estate received referee refused respt reversed Smith sold Special Term statute statute of frauds street testator testified thereof tiff tion trust verdict Wend wife witness XVIII
Популарни одломци
Страница 419 - Be it enacted, etc., that no person, firm, or corporate body shall manufacture out of any oleaginous substance or any compound of the same, other than that produced from unadulterated milk or of cream from the same, any article designed to take the place of butter or cheese produced from pure unadulterated milk, or cream from the same...
Страница 359 - People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes, that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof...
Страница 171 - ... and shall also produce a certificate, under the hand and seal of a magistrate or notary public nearest to the place of the fire (not concerned in the loss as a creditor or otherwise, nor related to the assured), stating that he has examined the circumstances attending the loss, knows the character and circumstances of the assured, and verily believes that the assured...
Страница 558 - ... or withheld by him may be proved and allowed as debts to the amount of the value of the property so taken or withheld, with interest.
Страница 241 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Страница 68 - And it is further provided in the policy that "if the interest of the assured in the property be any other than the entire, unconditional and sole ownership of the property for the use and benefit of the assured, or if the building insured stands upon leased ground, it must be so represented to the company, and so expressed in the written part of this policy; otherwise, the policy shall be void.
Страница 385 - Where the facts can be placed before a jury, and they are of such a nature that jurors generally are just as competent to form opinions in reference to them and draw inferences from them as witnesses, then there is no occasion to resort to expert or opinion evidence.
Страница 257 - ... and described premises, with the appurtenances, unto the said party of the second part, his heirs and assigns, to his and their own proper use, benefit and behoof, forever...
Страница 296 - The plea of ultra vires should not as a general rule prevail, whether interposed for or against a corporation, when it would not advance justice, but on the contrary would accomplish a legal wrong.
Страница 438 - Where an absolute power of disposition, not accompanied by any trust, shall be given to the owner of a particular estate, for life or years, such estate shall be changed into a fee, absolute in respect to the rights of creditors and purchasers, but subject to any future estates limited thereon, in case the power should not be executed, or the lands should not be sold for the satisfaction of debts.