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 3


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Seite 366 - HOLMES delivered the opinion of the court. The question in this case is whether the following instrument is entitled to probate: "Washington, DC Aug. 31
Seite 299 - The intent, 452 453 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 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 166 - ... if the court should be of opinion that the plaintiff was entitled to recover.
Seite 407 - It is a sound principle, that he who prevents a thing being done, shall not avail himself of the non-performance he has occasioned.
Seite 412 - Johns., 536, it was said by the court that "after a dissolution of the partnership, the power of one party to bind the others wholly ceases. There is no reason why his acknowledgment of an account should bind his copartners any more than his giving a promissory note in the name of the firm, or any other act.
Seite 410 - The judge was about to order the plaintiffs to be called, when the counsel agreed that a verdict might be taken for the plaintiffs, subject to the opinion of the court on a case containing the facts above stated ; and that, if the opinion of the court should be in favour of the defendant, a nonsuit should be entered.
Seite 127 - Money may be recovered by a right and legal judgment; and yet the iniquity of keeping that money may...
Seite 187 - ... the verdict has proceeded on the mistake of the judge. Where, indeed, the jury have formed an opinion upon the whole case, no new trial in a penal action has been granted, though the jury have drawn a wrong conclusion : So, too, in ordinary, where the damages are 'small, and the question too inconsiderable to be re-tried, the court have frequently refused to send the case back to another jury.
Seite 206 - within six years next after the cause of such action or suit, and not after.' This expression, 'cause of action,' has been repeatedly the subject of decision, and it has been held, particularly in Hemp v. Garland...

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