Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New YorkBanks & brothers, 1859 |
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41 ÆäÀÌÁö
... agreement , securing an advantage to one of them witheld from the others , is void . Nor in such a case is it necessary to show an execution of the compromise deed by all the creditors . A fraud upon any one of them is sufficient to ...
... agreement , securing an advantage to one of them witheld from the others , is void . Nor in such a case is it necessary to show an execution of the compromise deed by all the creditors . A fraud upon any one of them is sufficient to ...
42 ÆäÀÌÁö
... agreement under seal for the firm ; nor did it appear that the release was executed by the other creditors . The objection was sustained , the compromise excluded , and judgment was rendered for the plaintiff . Tyler and Brown , for the ...
... agreement under seal for the firm ; nor did it appear that the release was executed by the other creditors . The objection was sustained , the compromise excluded , and judgment was rendered for the plaintiff . Tyler and Brown , for the ...
53 ÆäÀÌÁö
... agreement with the defendant for the renting of the premises ; that Loyd rented them to the defendant from October until May , 1855 , and he proved admissions made by the defend- ant in the middle of October , to the effect that he had ...
... agreement with the defendant for the renting of the premises ; that Loyd rented them to the defendant from October until May , 1855 , and he proved admissions made by the defend- ant in the middle of October , to the effect that he had ...
54 ÆäÀÌÁö
... agreement in writing , but Ward refused to sign it , declaring that the house was not in the order it was to be put in . Seaman contended that the house was let , but Ward declared that " it was not put in such order as agreed to by ...
... agreement in writing , but Ward refused to sign it , declaring that the house was not in the order it was to be put in . Seaman contended that the house was let , but Ward declared that " it was not put in such order as agreed to by ...
55 ÆäÀÌÁö
... agreement , and this appears to be the present English doctrine . Edge v . Stafford , 1 Cromp . & Mees . 391 ; low v . Kennet , 3 A. & E. 659 ; Sullivan v . Jones , 3 Car . & Payne , 579 ; Nation v . Tozer , 1 Cr . Mees . & R. 172 . The ...
... agreement , and this appears to be the present English doctrine . Edge v . Stafford , 1 Cromp . & Mees . 391 ; low v . Kennet , 3 A. & E. 659 ; Sullivan v . Jones , 3 Car . & Payne , 579 ; Nation v . Tozer , 1 Cr . Mees . & R. 172 . The ...
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action was brought adjourned admission affidavit agreed agreement alleged amount answer APPEAL by defendant appellant application assignee assignment assignor bank bill BRADY brought to recover cause of action charge claim Code common carriers complaint contract counter-claim creditors DALY damages default defendant appealed defendant's delivered delivery demised demurrer denied Denio discharge District Court E. D. Smith entitled Erie Railroad Co eviction evidence execution fact fendant freight ground held ibid indorsed INGRAHAM injury issue John judg Judgment affirmed Judgment reversed jury justice landlord lease liable lien Marine Court ment motion nonsuit notice objection owner paid party payment person Piermont plaintiff possession premises privity of contract proceedings promissory note proof proved question received referred rent respondent rule sold special term statute statute of frauds sufficient surety sustained taken tenant testimony thereof tiff tion tort trial vessel wages Wend witness York
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507 ÆäÀÌÁö - Where a trust is created to receive the rents and profits of lands, and no valid direction for accumulation is given, the surplus of such rents and profits, beyond the sum that may be necessary for the education, and support of the person for whose benefit the trust is created...
123 ÆäÀÌÁö - 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.
418 ÆäÀÌÁö - If irrelevant or redundant matter be inserted in a pleading, it may be stricken out, on motion of any person aggrieved thereby. And when the allegations of a pleading are so indefinite or uncertain that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain, by amendment.
418 ÆäÀÌÁö - The forms of pleading in civil actions, and the rules by which the sufficiency of the pleadings is to be determined, are those prescribed in this code.
584 ÆäÀÌÁö - The term corporations, as used in this article, shall be construed to include all associations and joint-stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons.
63 ÆäÀÌÁö - That if a suit be commenced in any state court against an alien, or by a citizen of the State in which the suit is brought against a citizen of another State...
620 ÆäÀÌÁö - No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby.
327 ÆäÀÌÁö - A rent is something given by way of retribution to the lessor, for the land demised by him to the tenant, and consequently the lessor's title to the rent is founded upon this : that the land demised, is enjoyed by the tenant during the term included in the contract ; for the tenant can make no return for a thing he has not. If, therefore, the tenant be deprived of the thing letten, the obligation to pay the rent ceases, because such obligation has its force only from the consideration, which was...
63 ÆäÀÌÁö - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state.
418 ÆäÀÌÁö - 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.