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 2William Gould, 1845 |
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Halaman 49
... fact , decided any ques- tion in the cause , have not given reasons upon this occa- sion . If a defendant , making no defence in the Supreme Court , suffering a judgment to be entered against him by default , and making no application ...
... fact , decided any ques- tion in the cause , have not given reasons upon this occa- sion . If a defendant , making no defence in the Supreme Court , suffering a judgment to be entered against him by default , and making no application ...
Halaman 57
... facts and circumstances of the contract ; for even if they were material , yet the in- sured is not obliged to communicate any fact , as to which there is a war- ranty , express or implied . Where , on a sale of goods , no time is ...
... facts and circumstances of the contract ; for even if they were material , yet the in- sured is not obliged to communicate any fact , as to which there is a war- ranty , express or implied . Where , on a sale of goods , no time is ...
Halaman 62
... fact , shipped in the name of De Wolf , and every appearance in favor of the cargo being De Wolf's , is evidently a mere cover to the transaction . The letters which treat it as his property , and under his direction , were known and ...
... fact , shipped in the name of De Wolf , and every appearance in favor of the cargo being De Wolf's , is evidently a mere cover to the transaction . The letters which treat it as his property , and under his direction , were known and ...
Halaman 72
... fact and circumstance which can possibly influence the mind of any prudent and intelligent insurer , in determining whether he will under- write the policy at all , or at what premium he will under- write it , is material . Therefore ...
... fact and circumstance which can possibly influence the mind of any prudent and intelligent insurer , in determining whether he will under- write the policy at all , or at what premium he will under- write it , is material . Therefore ...
Halaman 74
... fact was settled by the jury and the questions of law must be taken upon the points alone , which were made in the ... facts himself . This he de- clined doing ; submitted the whole to the jury ; and the single question is , whether he ...
... fact was settled by the jury and the questions of law must be taken upon the points alone , which were made in the ... facts himself . This he de- clined doing ; submitted the whole to the jury ; and the single question is , whether he ...
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affidavit aforesaid ALBANY appellant assignment assumpsit attorney authority award bail Bank of Utica bill bond cargo cause cent certiorari Chancellor cited claim common law contract costs counsel Court of Chancery Court of Equity Curia debt declaration decree deed defendant devise discount dollars entitled equity equity of redemption error estate tail evidence execution executor fact fee simple fee tail fraud German G ground Havana intention interest issue Jackson John Judge judgment jury Justice land M'Donald Medcef ment Morey mort mortgaged premises mortgagor motion N. Y. Firemen Insurance Neilson Niskayuna notice object opinion Oyer and Terminer paid party payment person plaintiff plaintiff in error proceedings purchase question respondent rule says Sept Sheriff statute suit Supreme Court term testator tion trial Troup usury verdict void Wattles witness Wolf words writ YORK
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Halaman 25 - To them his heart, his love, his griefs were given, But all his serious thoughts had rest in heaven. As some tall cliff that lifts its awful form, Swells from the vale, and midway leaves the storm, — Though round its breast the rolling clouds are spread, Eternal sunshine settles on its head.
Halaman ii - In conformity to the Act of Congress of the United States, entitled, " An Act for the encouragement of learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies, during the times therein mentioned.
Halaman 284 - Before we conclude the doctrine of remainders and reversions, it may be proper to observe, that f whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate/ the less is immediately annihilated;! or, in the law phrase, is said to be 'merged, that is, sunk or drowned, in the greater.
Halaman 59 - Through every stage of the conflict, the United States have maintained an impartial neutrality, giving aid to neither of the parties in men, money, ships, or munitions of war. They have regarded the contest not in the light of an ordinary insurrection or rebellion, but as a civil war between parties nearly equal, having, as to neutral powers, equal rights.
Halaman 303 - Upon this subject a Court of equity is not guided by the rules of law. It will sometimes hold a charge extinguished where it would subsist at law, and sometimes preserve it where at law it would be merged. 3 The question is upon the intention, actual or presumed, of the person in whom the interests are united.
Halaman ii - Co. of the said district, have deposited in this office the title of a book, the right whereof they claim as proprietors, in the words following, to wit : " Tadeuskund, the Last King of the Lenape. An Historical Tale." In conformity to the Act of the Congress of the United States...
Halaman 816 - No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service; and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny, under the regulation of the Legislature), unless on presentment or indictment of a grand jury...
Halaman 556 - But no acknowledgment of any conveyance having been executed, shall be taken by any officer, unless the officer taking the same shall know, or have satisfactory evidence, that the person making such acknowledgment is the individual described in and who executed such conveyance.
Halaman 649 - Whenever parties can, by their own act, transfer real property, or exercise any act of ownership with regard to it, they may refer any disputes concerning it to the decision of arbitrators, who may order the same acts to be done which the parties themselves might do by agreement.
Halaman 73 - The reason of the rule, which obliges the parties to disclose, is to prevent fraud, and encourage good faith, it is adapted to such facts as vary the nature of the contract, which one privately knows, and the other is ignorant of, and has no reason to suspect. The question, therefore...