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], 20±ÇGould, Banks & Company, 1846 |
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11 ÆäÀÌÁö
... cited , from page 417 to 423 . G. C. Goddard , for the defendant . By the Court , NELSON , C. J. This case turns upon the true construction of the 3d section of the act of 1830 , which provides , that " every factor or other agent ...
... cited , from page 417 to 423 . G. C. Goddard , for the defendant . By the Court , NELSON , C. J. This case turns upon the true construction of the 3d section of the act of 1830 , which provides , that " every factor or other agent ...
20 ÆäÀÌÁö
... cited at the latter page by Mr. Justice Woodworth . But the cases go farther . In all those respecting specialties , which I have cited from Cro . Eliz . , Cro . Car . and Lit. , there was an agreement to accept and an acceptance of the ...
... cited at the latter page by Mr. Justice Woodworth . But the cases go farther . In all those respecting specialties , which I have cited from Cro . Eliz . , Cro . Car . and Lit. , there was an agreement to accept and an acceptance of the ...
28 ÆäÀÌÁö
... cited apply with all their force as well to this sort of unlawful dealing as to any other . Take the case that Clark had agreed with Buttolph to tors . Nellis v . Clark . reconvey the land ¡¤ 28 CASES IN THE SUPREME COURT .
... cited apply with all their force as well to this sort of unlawful dealing as to any other . Take the case that Clark had agreed with Buttolph to tors . Nellis v . Clark . reconvey the land ¡¤ 28 CASES IN THE SUPREME COURT .
29 ÆäÀÌÁö
... cited . Chancellor Kent asks , " Shall this court help a party in the performance of an agreement made on purpose to defraud creditors ? " He answers , " This court will notinterfere to enforce the specific performance of a contract ini ...
... cited . Chancellor Kent asks , " Shall this court help a party in the performance of an agreement made on purpose to defraud creditors ? " He answers , " This court will notinterfere to enforce the specific performance of a contract ini ...
30 ÆäÀÌÁö
... cited . He then refers to Twyne's case , 3 Coke's R. 80 , and Upton v . Basset , Cro . Eliz . 245 , as a foundation for supposing that , by the common law , no person should avoid an estate made by fraud , except he who had Nellis v ...
... cited . He then refers to Twyne's case , 3 Coke's R. 80 , and Upton v . Basset , Cro . Eliz . 245 , as a foundation for supposing that , by the common law , no person should avoid an estate made by fraud , except he who had Nellis v ...
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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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 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.
32 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - ... 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...