Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York, Band 3Baker, Voorhis & Company, 1872 |
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action was brought affidavit affirmed agent agreement alleged allowed amendment amount answer appear applied assignment attachment attorney authority averment baggage Barb bill bond cause chap charge claim Code commenced Commissioners common law Company complaint contract corporation counsel court of equity court of record creditors Daly damages debt decision defendant defendant's denied discharged E. D. Smith easement entered entitled equity evidence execution executors fact fendant filed fraud granted held husband issued James Mason Johns judge judgment judgment debtor jurisdiction jury justice lease liable lien lis pendens Marine Court matter Mayor ment mortgage motion notice owner paid party payment person plaintiff pound sterling premises proceedings purchase question recover reference rendered rule Scheuch sheriff special term spiles statute statute of frauds sufficient testimony thereof tion trial trustee verdict vessel void Wend wife York
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Seite 408 - SS: , being duly sworn, deposes and says that he is the petitioner in the above-entitled proceeding; that he has read the foregoing petition and knows the contents thereof; that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Seite 110 - that every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute...
Seite 462 - 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...
Seite 396 - ... [B]ut 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.
Seite 351 - ... it may and shall be lawful for the President, by proclamation, to declare that the inhabitants of such State, or any section or part thereof, where such insurrection exists, are in a state of insurrection against the United States ; and thereupon...
Seite 52 - If the owner loses his property, or is robbed of it, or it is sold or pledged without his consent, by one who has only a temporary right to its use by hiring or otherwise, or a qualified possession of it for a specific purpose, as for transportation, or for work to be done upon it, the owner can follow and reclaim it in the possession of any person, however innocent.
Seite 458 - PLACE OF TRIAL OF CIVIL ACTIONS. 392. Certain actions to be tried where subject or some part thereof situated. SEC. 392. Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial, as provided in this code : 1.
Seite 513 - If the contract be such that, when carried out, it would result in the sale of a chattel, the party cannot sue for work and...
Seite 355 - But before this insurrection against the established Government can be dealt with on the footing of a civil war, within the meaning of the law of nations and the Constitution of the United States, and which will draw after it belligerent rights, it must be recognized or declared by the war-making power of the Government.
Seite 410 - And at the end, or other sooner determination of their copartnership, the said copartners, each to the other, shall and will make a true, just and final account, of all things relating to their said business, and in all things truly adjust the same; and all and every stock and stocks, as well as the gains and increase thereof, which shall appear to be remaining, either in money, goods, wares, fixtures, debts, or otherwise, shall be divided between them, share and share alike.