Reports of Cases Argued and Determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York [1828-1841], 20권Gould, Banks & Company, 1846 |
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66개의 결과 중 1 - 5개
54 페이지
... assignment of dower , the two daughters are equally entitled to the possession and enjoyment of their portions . Thus the widow of the testator would be deprived not only of the care of the farm , but of the means of supporting herself ...
... assignment of dower , the two daughters are equally entitled to the possession and enjoyment of their portions . Thus the widow of the testator would be deprived not only of the care of the farm , but of the means of supporting herself ...
88 페이지
... assign as a reason for receiving it , that there was no objection to it on the trial ; and when they say the evidence was competent it must be understood that it was so because no objection had been made . Such testimony was again ...
... assign as a reason for receiving it , that there was no objection to it on the trial ; and when they say the evidence was competent it must be understood that it was so because no objection had been made . Such testimony was again ...
91 페이지
... assignment and a power of attorney over the signa- ture endorsed . Proof of usage as to this mode of transferring stocks is admissible ; but independent of such evidence , authority to fill up the blank endorsement will be inferred . A ...
... assignment and a power of attorney over the signa- ture endorsed . Proof of usage as to this mode of transferring stocks is admissible ; but independent of such evidence , authority to fill up the blank endorsement will be inferred . A ...
92 페이지
... assign- ment , transferring the stock to himself , and constituting S. A. Sherwood attorney , to do all necessary acts to perfect the transfer . On the second of November , 1835 , Sherwood went to the bank at Buffalo , and requested ...
... assign- ment , transferring the stock to himself , and constituting S. A. Sherwood attorney , to do all necessary acts to perfect the transfer . On the second of November , 1835 , Sherwood went to the bank at Buffalo , and requested ...
93 페이지
... assignment on the back of the cer- tificate of stock , from Barker to the plaintiff , and the power of attorney to Sherwood , were made without proper authority , and therefore , the demand upon the bank to enter the transfer on the ...
... assignment on the back of the cer- tificate of stock , from Barker to the plaintiff , and the power of attorney to Sherwood , were made without proper authority , and therefore , the demand upon the bank to enter the transfer on the ...
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action affidavit agent appear applied assignment assumpsit attorney authority bank bill bona fide purchaser cause certiorari chancellor chancery charge choses in action Church of New-York cited city of New-York claim clause common law contract conveyance counsel court of chancery Cowen creditors damages debt decision declaration decree deed delivered demurrer devise dower Dutch Church entitled evidence execution executors fact feme covert fraud fraudulent ground heir held Insurance intent interest issued Johns judge judgment jury Kleeck land leasehold estates legislature lien Lord Mansfield mandamus ment mortgage motion notice objection opinion owner parties payment person plaintiffs in error plea possession premises principle proceedings proof purchaser purpose question real estate received recover replevin residuary devisees rule says sheriff sold statute statute of frauds Stoddard suit supreme court term tion trial vendor verdict vessel void Wendell words writ of error
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32 페이지 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of defendant, but because they will not lend their aid to such a plaintiff.
520 페이지 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
38 페이지 - The objection that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed ; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this: Ex dolo malo non oritur actio.
275 페이지 - The universal and fundamental principle of our law of personal property is, that no man can be divested of his property without his consent, and consequently that even the honest purchaser under a defective title cannot hold against the true proprietor.
360 페이지 - For it is not to be presumed that the Legislature intended to make any innovation upon the Common Law further than the case absolutely required.
373 페이지 - It may well be doubted whether the nature of society and of government does not prescribe some limits to the legislative power; and if any be prescribed, where are they to be found, if the property of an individual, fairly and honestly acquired, may be seized without compensation?
381 페이지 - 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.
32 페이지 - The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
278 페이지 - The holder of a bill of exchange, or promissory note, is not to be considered in the light of an assignee of the payee. An assignee must take the thing assigned, subject to all the equity to which the original party was subject. If this rule applied to bills and promissory notes, it would stop their currency.
175 페이지 - ... and pay him for his trouble. When the evidence was closed the counsel for the defendant stated that he should not question the fact that the parties were mutually in error in supposing that 500 bushels of oats had been put on board when in fact only 250 bushels had been put on board at the time of the bargain in reference to the quantity, but insisted that the bargain was obligatory upon the plaintiff, and that therefore he was not entitled to recover. He also insisted that the proof varied from...