Reports of Cases Argued and Determined in the Superior Court of the City of New York, 10권W.C. Little & Company, 1856 |
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13 페이지
... changing the rule of the common law is necessary to be shown ; but no such provi- sion certainly is to be found , making goods in the lawful pos- Brownell v . Carnley . session of a pledgee , NEW YORK - JANUARY , 1854 . 13.
... changing the rule of the common law is necessary to be shown ; but no such provi- sion certainly is to be found , making goods in the lawful pos- Brownell v . Carnley . session of a pledgee , NEW YORK - JANUARY , 1854 . 13.
14 페이지
... rule of the common law , as to make the right and interest of a pledger liable to be sold under an execution against him , even while the goods are still in the possession of the pledgee , but the sta- tute , by its express words , is ...
... rule of the common law , as to make the right and interest of a pledger liable to be sold under an execution against him , even while the goods are still in the possession of the pledgee , but the sta- tute , by its express words , is ...
51 페이지
... rule of damages would be the price for which it sold at auction , and not the real value of the butter . On this point the judge erred in his charge . The butter was bid in on behalf of the plaintiffs for their benefit , and the proper ...
... rule of damages would be the price for which it sold at auction , and not the real value of the butter . On this point the judge erred in his charge . The butter was bid in on behalf of the plaintiffs for their benefit , and the proper ...
53 페이지
... rule for the measure of damages , and the only rule applicable to cases of this description , is that which was laid down by the judge . There is no evidence that the property was bought in by the plaintiffs , and the fact is not ...
... rule for the measure of damages , and the only rule applicable to cases of this description , is that which was laid down by the judge . There is no evidence that the property was bought in by the plaintiffs , and the fact is not ...
100 페이지
... rules deduced , are applicable to the facts of this case , viz . : First . No estoppel can arise by deed or record ... rule “ laid down by many of our text writers ( see Co. Litt . 352. Cro . Eliz . 37 ) . Thus if a man take a lease of ...
... rules deduced , are applicable to the facts of this case , viz . : First . No estoppel can arise by deed or record ... rule “ laid down by many of our text writers ( see Co. Litt . 352. Cro . Eliz . 37 ) . Thus if a man take a lease of ...
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adeemed ademption advances agreement alleged amended amount answer appeal application Astor's Executors authority bequeathed bequest bill bill of lading BOSWORTH cause of action cent charge Charles Henry Hall claim clause Code codicil Common Council Company complaint construction contract corporation costs counsel court court of equity damages Daniel E debt declared deed defendants delivered delivery denied DUER effect entitled entry evidence execution fact fraud Furniss given grant ground Insurance intention interest issue Jacob Sharp John John Cook judge judgment jury Langdon legacies liable lots Mayor ment mortgage necessary opinion owner paid parties payment person plaintiff pleadings possession premises proof proved provisions purchaser question railroad recover reference rendered Reports revocation revoked rule sold statute of frauds street subsequent testator thereof tion Toll & McArdle trial trust Tylee valid verdict void vols wall Wend witness words York
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636 페이지 - Every such action shall be brought by and in the names of the personal representatives of such deceased person ; and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the proportions provided by law in relation to the distribution of personal property left by persons dying intestate...
637 페이지 - Drew. therefore, enacted, &c., that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
155 페이지 - 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.
568 페이지 - ... some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to bo executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
636 페이지 - Whereas no action at law is now maintainable against a person who by his wrongful act, neglect, or default may have caused the death of another person, and it is oftentimes right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him...
157 페이지 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
637 페이지 - That every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused...
640 페이지 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
115 페이지 - No allowance or compensation shall be made to any officer or clerk, by reason of the discharge of duties which belong to any other officer or clerk in the same or any other Department ; and no allowance or compensation shall be made for any extra services whatever, which any officer or clerk may be required to perform, unless expressly authorized by law.
637 페이지 - Parliament assembled, and by the authority of the same, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who...