Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 16
New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Edward Jordan Dimock, Edmund Hamilton Smith, Hiram Edward Sickels, Louis J. Rezzemini, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero
Lawyers Co-operative Publishing Company, 1864
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according action advancement affirmed agent agreement amount appeal applied assignment authority bank benefit bill bond bound brought cause charge claim codicil complaint consideration considered constitution construction contained contract corporation damages death debt decided decision deed defendant delivered determined directed effect entered entitled evidence exception executed Executors existence express fact funds give given ground held Indian intended interest issue judge judgment jury Justice land latter legacy ment mortgage necessary New-York notice object opinion owner paid parties payment person plaintiff possession premises present principal proceedings proof proved provisions purchase question railroad reason received recover referred regard relation rendered respect rule statute subsequent sufficient suit Supreme Court taken term tion trial trustees whole
Halaman 512 - 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.
Halaman 69 - And as these two questions appear to us to be more conveniently answered together, we have to submit our opinion to be, that the jury ought to be told in all cases that every man is presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that, to establish a defence on the ground of insanity, it must be clearly proved, that at the time of the...
Halaman 68 - This is the grand criterion which now distinguishes murder from other killing: and this malice prepense, rnalitia prcecogitata, is not so properly spite or malevolence to the deceased in particular, as any evil design in general; the dictate of a wicked, depraved, and malignant heart; and it may be either express or implied in law.
Halaman 68 - when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Halaman 49 - No will in writing, except in the cases hereinafter mentioned,, nor any part thereof, shall be revoked, or altered, otherwise than by some other will in writing, or some other writing of the testator, declaring such revocation or alteration, and executed with the same formalities with which the will itself was required by law to be executed...
Halaman 133 - ... for seeing somebody must be a loser by this deceit, it is more reason that he that employs and puts a trust and confidence in the deceiver should be a loser, than a stranger.
Halaman 69 - ... to establish a defence on the ground of insanity, it must be clearly proved, that, at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing ; or, if he did know it, that he did not know he was doing what was wrong.
Halaman 73 - Any married female may take by inheritance, or by gift, grant, devise or bequest from any person other than her husband, and hold to her sole and separate use, and convey and devise real and personal property, and any interest or estate therein, and the rents, issues and profits thereof, in the same manner and with like effect as if she were unmarried, and the same shall not be subject to the disposal of her husband nor be liable for his debts.
Halaman 631 - No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title.
Halaman 634 - The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract; that is, must be such as might naturally be expected to follow its violation; and they must be certain, both In their nature and in respect to the cause from which they proceed.