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according acres action admitted affidavit agreed agreement ALBANY alleged allowed amount appear apply assigned attorney August authority bill bond bound brought Brown called cargo cause charged claim common consideration considered contract costs court damages dated decided decision deed defendant delivered directed dollars ejectment 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 master ment motion necessary never NEW-YORK notice objection offered opinion paid parties patent payment person plaintiff plea pleaded possession premises present proceedings produced proved question reason received record recover refused rule ship sold statute sufficient suit taken term tion town tract trial trustees verdict vessel voyage whole witness writ
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.