Reports of Cases Argued and Determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and Correction of Errors of the State of New-York, Volume 1
Banks & Brothers, 1874
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acres action adverse possession affidavit alleged amount appear applied arrest assumpsit attorney averment award bail bill bond cause certiorari charge circuit claim commenced commissioners common law common pleas contract conveyance conveyed costs counsel court covenant Cowen creditor damages debt debtor declaration deed defendant defendant's demurrer denied discharge evidence execution executor fact fendant fraud granted grantor ground intended interest issue Jemima Wilkinson John Slidell Johns judge judgment jury justice land lessor liable lots mandamus motion Murray New-York nonsuit notice objection opinion owner Oyster-Bay paid partner partnership party payment person plaintiff in error plead possession premises proceedings promissory note proof prosecution proved purchase question Rachel Malin received release rendered replevin resulting trust rule Sarah Richards sheriff shew shewn Slidell statute street suit Sutherland taken tenant testator testified testimony tiff tion trial trust verdict vessel warrant Wend witness writ of error
Halaman 200 - Forgery at common law has been defined as 'the fraudulent making or alteration of a writing to the prejudice of another man's right
Halaman 360 - But it lies for money paid by mistake, or upon a consideration which happens to fail, or for money got through imposition, (express or implied,) or extortion, or oppression, or an. undue advantage taken of the plaintiff's situation, contrary to laws made for the protection of persons under those circumstances.
Halaman 256 - that the king is the universal lord and original proprietor of all the lands in his kingdom : (z) and that no man doth or can possess any part of it, but what has mediately or immediately been derived as a gift from him, to be held upon feudal services.
Halaman 360 - CJ was of opinion, that this could not be deemed a payment by compulsion, as the defendant might, by a replevin, have defended himself against the distress, Knibbi v.
Halaman 602 - If one concerts with an executor or legatee, by obtaining the testator's effects at a nominal price, or at a fraudulent undervalue, or by applying the real value to the purchase of other subjects for his own behoof, or in extinguishing the private debt of the executor, or in any other manner (which Lord Eldon said are very material words), contrary to.
Halaman 257 - Justice, said, the subject has a right to fish in all navigable rivers as he has to fish in the sea...
Halaman 701 - An error of fact takes place, either when some fact which really exists is unknown, or some fact is supposed to exist which really does not exist.
Halaman 256 - The king may grant fishing within a creek of the sea, or within some known precinct that hath known bounds, though within the main sea, he may also grant that very interest itself, viz. a navigable river that is an arm of the sea, the water and soil thereof.
Halaman 363 - The cases founded on mistake, says SAVAGE, Ch. J., in Mowatt v. Wright (1 Wend. 355), seem to rest on this principle, that if parties, believing that a certain state of things exist, come to an agreement with such belief for its basis, on discovering their mutual error they are remitted to their original rights.