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 in the State of New-York, Bände 1-20
Banks & Brothers, 1860
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according action admitted affidavit agreed agreement ALBANY alleged allowed amount appear apply assigned August authority bill bond bound brought Brown called cargo cause charged claim common consideration considered contained contract costs court damages dated debt decided decision deed defendant delivered demand directed dollars entered entitled error evidence execution fact fendant fraud freight further gave give given granted ground held insured intended interest issue JACKSON Johns judge judgment jury justice land lessors Mark master ment motion necessary never NEW-YORK notice objection offered opinion paid parties patent payment person plaintiff plea pleaded possession premises present principle proceedings produced proved question reason received record recover refused rule ship statute sufficient suit taken term tion town trial trustees verdict vessel voyage whole witness writ
Seite 311 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Seite 299 - The intent when apparent and not repugnant to any rule of law, will control technical terms, for the intent, and not the words, is the essence of every agreement. In the exposition of deeds, the construction must be upon the view and comparison of the whole instrument, and with an endeavor to give every part of it meaning and effect.
Seite 358 - J., when a verdict was taken for the plaintiff, subject to the opinion of the Court, on a case...
Seite 481 - Unless the promise or agreement upon which such action shall be brought, or some note or memorandum thereof, shall be in writing, and signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized.
Seite 167 - ... to charge any person upon any agreement made upon consideration of marriage; or upon any contract or sale of lands, tenements or hereditaments or any interest in or concerning them...
Seite 207 - Whether the defendant be a resident of this state, and only absent for a time, or whether he resides altogether out of the state. Is immaterial. He is equally within the proviso. If the cause of action arose out of the state, it is sufficient to save the statute from running in favor of the party to be charged, until he comes within our jurisdiction. This has been the uniform construction of the English statutes, which also speak of the return from beyond the seas of the party so absent. The word...
Seite 166 - ... if the court should be of opinion that the plaintiff was entitled to recover.
Seite 270 - At the trial before me a verdict was taken for the plaintiffs, subject to the opinion of the court, on...