Transcript Appeals: The File of Opinions in Cases Argued Before the Court of Appeals of the State of New York During the January Term 1867 from Official Copies, 3-4권Transcript Association, 1868 |
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25 페이지
... statute . The Revised Statutes provide that " after the expiration of twenty years from the time a right of action shall accrue upon any sealed instrument for the payment of money , such right shall be pre- sumed to have been ...
... statute . The Revised Statutes provide that " after the expiration of twenty years from the time a right of action shall accrue upon any sealed instrument for the payment of money , such right shall be pre- sumed to have been ...
26 페이지
... statute . In Morey v . Farmers ' Loan and Trust Company ( 14 N. Y. 302 ) Judge Wright refers to this statute and the change it effected . He says : " Prior to the enact- ment of this provision , at common law a presumption of payment of ...
... statute . In Morey v . Farmers ' Loan and Trust Company ( 14 N. Y. 302 ) Judge Wright refers to this statute and the change it effected . He says : " Prior to the enact- ment of this provision , at common law a presumption of payment of ...
27 페이지
... statute . As the mortgage stands as a simple security for the debt mentioned in the bond , it fol- lows that whenever that debt is paid , or no action can be main- tained to enforce its payment , the lien created by the mortgage ceases ...
... statute . As the mortgage stands as a simple security for the debt mentioned in the bond , it fol- lows that whenever that debt is paid , or no action can be main- tained to enforce its payment , the lien created by the mortgage ceases ...
31 페이지
... statute ( 2 v . 301 , § 48 ) provides that after the expiration of twenty years from the time that a right of action shall accrue upon a sealed instrument for the payment of money , such right shall be presumed to have been extinguished ...
... statute ( 2 v . 301 , § 48 ) provides that after the expiration of twenty years from the time that a right of action shall accrue upon a sealed instrument for the payment of money , such right shall be presumed to have been extinguished ...
32 페이지
... statute . The defence claimed was that of payment of the debt of Cornell . The evi- dence relied upon for its support was the presumption from lapse of time . This presumption was repelled by proof of payment by Cornell , the debtor ...
... statute . The defence claimed was that of payment of the debt of Cornell . The evi- dence relied upon for its support was the presumption from lapse of time . This presumption was repelled by proof of payment by Cornell , the debtor ...
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affirmed aforesaid agent agreement alleged amount appeal apply assessors assignment authority bank bill of lading Bostwick Bryan Mullanphy cause of action Ch.J charge claim complaint concur contract conveyance costs counsel creditors debt deceased deed Defendant Defendant's delivered discharge dollars endorsed entitled equity evidence execution executors exempt fact firm fraud ground held interest issue JOEL TIFFANY John Mullanphy Judge judgment jurisdiction jury Lahens land Laurence Mallery liable lien ment mortgage Mullanphy Opinion by BOCKES Opinion by DAVIES Opinion by GROVER Opinion by HUNT Opinion by PARKER paid parties payment Plaintiff PORTER possession premises purchase question real estate received recover referee Respondent Russell Samuel Ward Statement statute suit Supreme Court taxation testator therein thereof Thomas Davenport tiff tion trial trust valid void wife William William H William McClelland witness Womburgh York
인기 인용구
438 페이지 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
93 페이지 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it
312 페이지 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
144 페이지 - Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law...
219 페이지 - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
200 페이지 - Know all men by these presents, that I, Zadoc Martin, of the county of Platte. and State of Missouri, for and in consideration of the sum of one dollar to me in hand paid...
502 페이지 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
147 페이지 - ... have in view. Your object is to subjugate the Southern States, and a requisition made upon me for such an object — an object, in my judgment, not within the purview of the Constitution or the Act of 1795 — will not be complied with. You have chosen to inaugurate Civil War, and having done so, we will meet it in a spirit as determined as the Administration has exhibited toward the South.
246 페이지 - Where it requires the performance of any other act, a certified copy of the judgment may be served upon the party against whom it is given, or...
26 페이지 - And indeed, even in cases of felony at the common law, they are the weakest and most suspicious of all testimony : ever liable to be obtained by artifice, false hopes, promises of favor, or menaces ; seldom remembered accurately, or reported with due precision ; and incapable in their nature of being disproved by other negative evidence.