Reports of Cases Argued and Determined in the Supreme Court and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York, Volume 6Wm. & A. Gould, 1837 |
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Halaman 14
... plea , the plaintiff had replied , praying judgment of assets quando acciderint . G. C. Bronson , for the defendants , moved for a new tri- al , on the ground ; 1. That the plaintiff could not recover on the general counts ; but was ...
... plea , the plaintiff had replied , praying judgment of assets quando acciderint . G. C. Bronson , for the defendants , moved for a new tri- al , on the ground ; 1. That the plaintiff could not recover on the general counts ; but was ...
Halaman 34
... plea , under set aside three special pleas interposed by the defendants . double plead The first was a plea of accord and satisfaction , in nearly ing , though it the common form . The second was , that the parties had sta- be an ordina ...
... plea , under set aside three special pleas interposed by the defendants . double plead The first was a plea of accord and satisfaction , in nearly ing , though it the common form . The second was , that the parties had sta- be an ordina ...
Halaman 35
... plea was stricken out , on motion , as false . Curia , per SAVAGE , Ch . J. The defendants have plead- ed a series ... plea , it being false in fact ; and of somewhat a doubtful character in law ; secondly , in Tuck- er v . Ladd , ( 4 ...
... plea was stricken out , on motion , as false . Curia , per SAVAGE , Ch . J. The defendants have plead- ed a series ... plea , it being false in fact ; and of somewhat a doubtful character in law ; secondly , in Tuck- er v . Ladd , ( 4 ...
Halaman 36
... plea of accord and satisfaction , it appear- ing plainly to be false . The earlier cases were cited by judge Platt , the counsel who moved in Steward v . Hotch- kiss , ( 2 Cowen's Rep . 637. ) The following cases upon this point are ...
... plea of accord and satisfaction , it appear- ing plainly to be false . The earlier cases were cited by judge Platt , the counsel who moved in Steward v . Hotch- kiss , ( 2 Cowen's Rep . 637. ) The following cases upon this point are ...
Halaman 37
... plea might be required in the first in- stance . The statute would hardly be satisfied without some sort of restraint . And where it is admitted , as in the case before us , that the pleas are without color of truth for their support ...
... plea might be required in the first in- stance . The statute would hardly be satisfied without some sort of restraint . And where it is admitted , as in the case before us , that the pleas are without color of truth for their support ...
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action admitted adverse possession affidavit ALBANY amount appear appraisers assumpsit attorney Bank bill bound cause certiorari charge chose in action circuit cited claim common common law contract conveyance costs counsel court court of equity covenant Cowen Curia damages debt declaration deed defendant defendant's demurrer denied doctrine endorsed entitled escape evidence execution fact fendant fraud granted ground held issue Jackson John judge judgment jury justice land lessor liable Lord Ellenborough ment motion New-York nonsuit notice objection opinion owner paid party payment person plaintiff plaintiff in error plea pleaded possession principal proceedings promise promissory note proof proved purchase question received recover refused render rent repairs replevin river rule sess set-off sheriff statute Stowbridge sufficient suit tenant term testator tiff tion trial UTICA verdict vessel warrant Warren Bank witness writ
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Halaman 449 - ... holder and proprietor of such bill, and shall be entitled to recover, notwithstanding there may be on it one or more...
Halaman 291 - ... party was ready and offered to perform his part, and the other neglected or refused to perform his, he who was ready and offered has fulfilled his engagement, and may maintain an action for the default of the other...
Halaman 191 - ... one person being in fault will not dispense with another's using ordinary care for himself Two things must concur to support this action. An obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff.
Halaman 530 - ... every man for his passage pays a toll, which is a common charge, and every ferry ought to be under a public regulation, viz., that it give attendance at due times, keep a boat in due order, and take but reasonable toll; for if he fail in these he is finable.
Halaman 740 - Secondly, it was resolved, that when any deed is altered in a point material, by the plaintiff himself, or by any stranger, without the privity of the obligee, be it by interlineation, addition, rasing, or by drawing of a pen through a line, or through the midst of any material word, that the deed thereby becomes void : as if a bond is to be made to the Sheriff for appearance, &c.
Halaman 532 - But though the King is the owner of this great waste, and as a consequent of his propriety hath the primary right of fishing in the sea and the creeks and arms thereof; yet the common people of England have regularly a liberty of fishing in the sea or creeks or arms thereof, as a public common of piscary, and may not without ' injury to their right be restrained of it, unless in such places, creeks or navigable rivers, where either the King or some particular subject hath g-ained a propriety exclusive...
Halaman 684 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Halaman 669 - Insurance is a contract upon speculation. The special facts, upon which the contingent chance is to * be computed, lie most commonly in the knowledge of the insured only : the underwriter trusts to his representation, and proceeds upon confidence that he does not keep back any circumstance in his knowledge, to mislead the underwriter into a belief that the circumstance does not exist, and to induce him to estimate the risk as if it did not exist.
Halaman 534 - If a subject hath land adjoining the sea, and the violence of the sea swallow it up, but so that yet there be reasonable marks to continue the notice of it; or though the marks be defaced; yet if by situation and extent of quantity, and bounding upon the firm land, the same can be known, though the sea leave this land again, or it be by art or industry regained, the subject doth not lose his propriety; and accordingly it was held by Cooke and Foster, M. 7 Jac. CB, though the inundation continue forty...
Halaman 630 - And in case of any other insurance upon the property hereby insured, whether prior or subsequent to the date of this policy, the insured shall not in case of loss or damage be entitled to demand or recover on this policy any greater portion of the loss or damage sustained than the amount hereby insured shall bear to the whole amount insured on the said property.