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, Band 15Banks & Brothers, 1867 |
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Seite 43
... ground of usury , it must be shown that it was , in its incep- tion , founded on an usurious loan of money . ( Scott v . Brest , 2 Term Rep . 241. ) Any subsequent taint which it may , after- wards , acquire , in being negotiated ...
... ground of usury , it must be shown that it was , in its incep- tion , founded on an usurious loan of money . ( Scott v . Brest , 2 Term Rep . 241. ) Any subsequent taint which it may , after- wards , acquire , in being negotiated ...
Seite 44
... ground only that he had engaged to return the accept- ance lent to him . The term accommodation does not imply usury . If the bank had discounted the acceptance when it was offered for that purpose , they might have recovered the amount ...
... ground only that he had engaged to return the accept- ance lent to him . The term accommodation does not imply usury . If the bank had discounted the acceptance when it was offered for that purpose , they might have recovered the amount ...
Seite 63
... ground for this suit ; and we contend , that the war rendered such a notice unnecessary . It must have been the joint act of both partners , between whom the war had placed an impassable gulf . But it is said the de- fendants ...
... ground for this suit ; and we contend , that the war rendered such a notice unnecessary . It must have been the joint act of both partners , between whom the war had placed an impassable gulf . But it is said the de- fendants ...
Seite 71
... ground that he had been called , and his default entered . In this the justice erred . He had barely commenced the trial ; had not yet finished noting down the plaintiff's dec- laration , and could not be said to have entered on the ...
... ground that he had been called , and his default entered . In this the justice erred . He had barely commenced the trial ; had not yet finished noting down the plaintiff's dec- laration , and could not be said to have entered on the ...
Seite 79
... ground on which it is to be founded . As if a man have a power to suffer a common recovery , every thing will be presumed to have been done rightly and regularly , until the contrary appears . So , if a person interested to object to a ...
... ground on which it is to be founded . As if a man have a power to suffer a common recovery , every thing will be presumed to have been done rightly and regularly , until the contrary appears . So , if a person interested to object to a ...
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13 Johns admitted agent agreement ALBANY assignment assumpsit attorney August authority banking bill cargo cause was tried certiorari charter-party claim common law contract conveyance conveyed corporation counsel Court of Chancery covenant creditors Curiam debt declaration deed defendant defendant's delivered the opinion discharge dollars dower endorsed entitled evidence execution fact feme covert fendant fraud freight given granted grantor heirs Insurance issue Jackson January judgment jury justice justice's Court land lease legislature lessor ment mortgage NEW-YORK non-intercourse act notice objection overseers owner paid parties partners partnership pauper payment person Pittstown plaintiff in error plea pleaded possession premises principle proceedings proved purchaser question quo warranto received recover rent rule seisin sess sheriff statute statute of frauds suit tenant Term Rep tion town of Claverack trial trover usury Utica verdict vessel Vide void voyage Wendell's Rep wife witness writ
Beliebte Passagen
Seite 301 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Seite 229 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone — when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth.
Seite 406 - All actions for which no other period of limitation is prescribed shall be commenced within six years next after the cause of such action.
Seite 339 - Johns. 336) will warrant and support this plea. We there say a mere delay in calling on the principal will not discharge the surety.
Seite 333 - That no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Seite 201 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Seite 93 - Such parts of the common law, and of the acts of the Legislature of the Colony of New York, as together did form the law of the said Colony, on the nineteenth day of April, one...
Seite 286 - It enacted that from and after the passing of this act, no person unauthorized by law should subscribe to or become a member of any association, institution or company, or proprietor of any bank or fund for the purpose of issuing notes, receiving deposits, making discounts or transacting any other business which incorporated banks may or do transact by virtue of their respective acts of incorporation...
Seite 298 - ... can be discovered it ought to be followed, with reason and discretion, in the construction of the statute, although such construction seem contrary to the letter of the statute.
Seite 359 - The seisin of the husband for a transitory instant only, when the same act which gives him the estate conveys it also out of him again (as where by a fine, land is granted to a man, and he immediately renders it back by the same fine), such a seisin will not entitle the wife to dower: for the land was merely in transitu, and never rested in the husband, the grant and render being one continued act.