Reports of Chancery Cases Decided in the Eighth Circuit of the State of New York: By the Hon. Frederick WhittleseyDavid Hoyt, 1841 - 628ÆäÀÌÁö |
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12 ÆäÀÌÁö
... ground of relief in a court of equity , when the danger to the grantor is im- minent . When one of four lots , conveyed last in point of time , is amply suffi- cient for the payment of a mortgage upon all four of the lots , a bill will ...
... ground of relief in a court of equity , when the danger to the grantor is im- minent . When one of four lots , conveyed last in point of time , is amply suffi- cient for the payment of a mortgage upon all four of the lots , a bill will ...
26 ÆäÀÌÁö
... ground that no jury can give an adequate com- pensation in damages . It is also sustainable for part- nership books . 2d . Story Eq . Jurisprudence , 18 , 19. It seems to me a fortiori , if bills are sustaina- ble for the specific ...
... ground that no jury can give an adequate com- pensation in damages . It is also sustainable for part- nership books . 2d . Story Eq . Jurisprudence , 18 , 19. It seems to me a fortiori , if bills are sustaina- ble for the specific ...
30 ÆäÀÌÁö
... ground of usury . The circumstances attending the execution of this mort- gage are as follows : Prior to Nov. 21 , 1835 , the defendant , upon application of the complainant , had loaned to the complainant divers sums of money at ...
... ground of usury . The circumstances attending the execution of this mort- gage are as follows : Prior to Nov. 21 , 1835 , the defendant , upon application of the complainant , had loaned to the complainant divers sums of money at ...
31 ÆäÀÌÁö
... ground of usury in the first notes , and usury pursuant to an agreement to make advances upon the $ 500 note . The defend- ant's answer denies all usury , and denies any agree- ment whatever to make advances upon the $ 500 note previous ...
... ground of usury in the first notes , and usury pursuant to an agreement to make advances upon the $ 500 note . The defend- ant's answer denies all usury , and denies any agree- ment whatever to make advances upon the $ 500 note previous ...
33 ÆäÀÌÁö
... ground for suspicion that the whole was intended as a cover for usury ; but the case comes up here on defendant's answer , which rebuts any such presumption , and which must be taken as true . So. 2. If the first mortgage was valid in ...
... ground for suspicion that the whole was intended as a cover for usury ; but the case comes up here on defendant's answer , which rebuts any such presumption , and which must be taken as true . So. 2. If the first mortgage was valid in ...
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affidavits agreement Albany City Bank alleged amount answer appears application appointment assignment authorised averment bill is filed bond and mortgage Brown cause choses in action claim complainant complainant's contract conveyance costs court of Chancery covenant creditor's bill creditors debt decision decree deed defendant defendant's demurrer dissolved equity exeat execution facts Farnham father fendant file a bill foreclose foreclosure gage Holland Land Company Hutchinson incumbrances injunction interest issued judgment creditor judgment debtor jurisdiction land lease lien lis pendens loan matter ment mort mortgaged premises mortgagor motion nants ne exeat paid Paige partnership party payable payment person plainant plaintiff pleadings presented principles proceedings proofs purchase money question Rathbun Rawson real estate receiver relief restrain rule Schermer Sept sold solicitor statute sufficient suit at law sureties testimony thereon tion transaction trust usury VICE CHANCELLOR Williamsville witness
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145 ÆäÀÌÁö - ... to compel the discovery of any property or thing in action, belonging to the defendant, and of any property, money, or thing in action due to him, or held in trust for him and to prevent the transfer of any such property, money or thing in action, or the payment or delivery thereof to the defendant, except when such trust has, in good faith, been created by, or the fund so held in trust has proceeded from some person other than the defendant himself.
170 ÆäÀÌÁö - ... purchaser thereof, but on the coming in of the report of sale, the court shall have power to decree and direct the payment by the mortgagor of any balance of the mortgage debt that may remain unsatisfied after a sale of the mortgaged premises, in the cases in which such balance is recoverable at law; and for that purpose may issue the necessary execution, as in other cases, against other property of the mortgagor.
449 ÆäÀÌÁö - ... shall be employed for the purpose of receiving deposits, making discounts, or issuing notes or other evidences of debt to be loaned or put into circulation as money.
382 ÆäÀÌÁö - Object was to remove out of the Plaintiff's Way the Effect of a Denial, or to give him the Benefit of an Admission, material, perhaps conclusive, to enable him to obtain a Decree.
195 ÆäÀÌÁö - The right of each partner extends only to a share of what may remain after payment of the debts of the firm and the settlement of its accounts. Growing out of this right, or rather included in it, is the right to have the partnership property applied to the payment of the partnership debts in preference to those of any individual partner. This is an equity...
252 ÆäÀÌÁö - If a transaction is usurious in its inception, it remains usurious until purged by a new contract; and all future transactions connected with or growing out of the original are usurious and without valid consideration. An original taint of usury attaches to the whole family of consecutive obligations and securities growing out of the original vicious transaction ; and none of the descendant obligations, however remote, can be free of the taint if the descent can be fairly traced.
10 ÆäÀÌÁö - After such bill shall be filed, •while the same is pending, and after a decree rendered thereon, no proceedings whatever shall be had at law, for the recovery of the debt secured by the mortgage, or any part thereof ; unless authorised by the court of chancery.
140 ÆäÀÌÁö - And as the attorney of the said part of the first part, for that purpose by these presents duly authorized, constituted, and appointed, to make and deliver to the purchaser or purchasers thereof, a good and sufficient deed...
167 ÆäÀÌÁö - Every deed conveying real estate which by any other instrument in writing shall appear to have been intended only as a security in the nature of a mortgage, though it be absolutely conveyed in terms, shall be considered as a mortgage...
462 ÆäÀÌÁö - Stat. ¡× 6235, which provides that "in every suit brought, either for a divorce or for a separation, the court may, in its discretion, require the husband to pay any sums necessary to enable the wife to carry on or defend the suit during its pendency...