Reports of Practice Cases, Determined in the Courts of the State of New York: With a Digest of All Points of Practice Embraced in the Standard New York Reports ..., 6±ÇJ.S. Voorhies, 1858 |
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16 ÆäÀÌÁö
... intended to designate in subdivision 1 of the section above mentioned , by the reasoning contained in the opinions in the following cases . Tuttle v . Smith ( 14 How . Pr . R. , 395 ) ; Johnson v . Paul ( 14 Ib . , 454 ) ; McNeff v ...
... intended to designate in subdivision 1 of the section above mentioned , by the reasoning contained in the opinions in the following cases . Tuttle v . Smith ( 14 How . Pr . R. , 395 ) ; Johnson v . Paul ( 14 Ib . , 454 ) ; McNeff v ...
23 ÆäÀÌÁö
... intended as a guarantee to the plaintiff of a debt due to him from the maker of the note . The question therefore to be decided by the court in this de- murrer is , whether such a contract of guarantee is , or is not , void by the ...
... intended as a guarantee to the plaintiff of a debt due to him from the maker of the note . The question therefore to be decided by the court in this de- murrer is , whether such a contract of guarantee is , or is not , void by the ...
24 ÆäÀÌÁö
... intended to become the first indorser . IV . Due presentment , non - payment , and notice to the de- fendant . The word " guaranteed , " as used in the complaint , is mere surplusage , and is not intended to show a special contract to ...
... intended to become the first indorser . IV . Due presentment , non - payment , and notice to the de- fendant . The word " guaranteed , " as used in the complaint , is mere surplusage , and is not intended to show a special contract to ...
29 ÆäÀÌÁö
... intended to apply the note ; and that in the absence of any proof to the contrary , the court must intend that Herrick meant only to become second indorser , with all the rights incident to that situation . The chief - justice adds ...
... intended to apply the note ; and that in the absence of any proof to the contrary , the court must intend that Herrick meant only to become second indorser , with all the rights incident to that situation . The chief - justice adds ...
35 ÆäÀÌÁö
... intended by using the word " assign " in that connection . It was not qual- ified by calling the assignment in this case one for the benefit of creditors , or by so stating to the plaintiffs , but it was a gen- eral threat to assign ...
... intended by using the word " assign " in that connection . It was not qual- ified by calling the assignment in this case one for the benefit of creditors , or by so stating to the plaintiffs , but it was a gen- eral threat to assign ...
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24 Barb affidavit affirmed alleged amended American Exchange Bank amount answer application appointed assignment attorney averment cause of action certificate claim clerk Code commenced complaint Conover contract corporation costs court of equity creditors Croton Aqueduct damages debt debtor defendant defendant's demurrer denied Devlin District Duer E. D. Smith's C. P. R. entitled evidence examination execution facts fendant filed foreclosure fraud fraudulent Gold Hill granted ground held indorsed intended issued judge judgment jurisdiction jury justice liability lien mandamus ment Metropolitan Police District motion notice objection party payee payment person plaintiff pleading proceedings promissory note provisions purchaser question quo warranto receiver recover referee reference remedy Revised Statutes Seventh Dist sheriff Smith special term stockholders subdivision sufficient summons Supreme Court Supreme Ct thereof Third Dist tion trial usury Wend writ York
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214 ÆäÀÌÁö - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, 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...
90 ÆäÀÌÁö - State," passed April 12, 1848. Passed April 11,1849. The act entitled " An act to simplify and abridge the practice, pleadings, and proceedings of the courts of this State...
380 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.
403 ÆäÀÌÁö - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
224 ÆäÀÌÁö - ... be entitled after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office, and it shall be his duty, immediately thereafter, to demand of the defendant, in the action, all the books and papers in his custody or within his power belonging to the office from which he shall have been excluded.
393 ÆäÀÌÁö - Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law.
41 ÆäÀÌÁö - The defendant may be arrested, as hereinafter prescribed, in the following cases : 1. In an action for the recovery of damages, on a cause of action not arising out of contract, where the defendant is not a resident of the State, or is about to remove therefrom, or where the action is for an injury to person or character, or for injuring, or for wrongfully taking, detaining or converting property.
147 ÆäÀÌÁö - If there be no express promise, but a promise is to be raised by implication of law from the acknowledgment of the party, such acknowledgment ought to contain an unqualified and direct admission of a previous, subsisting 'debt, which the party is liable and willing to pay.
554 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.
439 ÆäÀÌÁö - In all cases of appeal to the court of appeals, in actions which were originally commenced in the late court of chancery of this State, the court of appeals shall review the cause upon the facts and the law, without any statement or specification of facts found, or any exception taken at the trial of any or either of them.