Reports of Cases Decided in the Court of Appeals of the State of New York, Band 91New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Edmund Hamilton Smith, Louis J. Rezzemini, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero Lawyers Co-operative Publishing Company, 1883 |
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action affirmed agreement aldermen alleged amount appellant applied assessment assignment authority Bank Barb bond chap charge Civil Procedure claim Code of Civil commissioners concur contract corporation counsel court of equity creditors damages DANFORTH debt decided January declared defendant defendant's duty election Emporia entitled equity evidence ex rel execution executors fact fendant FINCH fund ground held intention interest intestate issue James Horner January 16 January 23 Johns judgment judicial department jury liability lien loan marriage Mayor ment MILLER mortgage negligence Northport Opinion owner paid Paige parties payment person plaintiff plaintiff in error probate provision question RAPALLO received respondent RUGER rule SICKELS VOL Smith Special Term Statement statute street Suffern supra Supreme Court surety surrogate taxes testator thereof tion transaction trial trust usury valid Wend wheat witness XLVI York
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Seite 533 - In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking or receiving the same ; provided such action is commenced within two years from the time the usurious transaction occurred.
Seite 517 - ... at the Bottom of the preceding Side or Page or other Portion of the same Paper on which the Will is written to contain the Signature ; and the Enumeration of the above Circumstances shall not restrict the Generality of the above Enactment ; but no Signature under the said Act or this Act shall be operative to give Effect to any Disposition or Direction which is underneath or which follows it, nor shall it give Effect to any Disposition or Direction inserted after the Signature shall be made.
Seite 533 - That suits, actions, and proceedings, against any association under this act, may be had in any circuit, district, or territorial court of the United States held within the district in which such association may be established; or in any state, county, or municipal court in the county or city in which said association is located, having jurisdiction in similar cases...
Seite 731 - January, one thousand eight hundred and fifty, shall be individually responsible, to the amount of their respective share or shares of stock in any such corporation or association, for all its debts and liabilities of every kind...
Seite 353 - License has issued now if there be no lawful cause to obstruct the said marriage then the above obligation to be void or else to remain in full force and virtue.
Seite 545 - ... an error, in the admission or exclusion of evidence, or in any other ruling or direction of the judge, upon the trial, may, in the discretion of the court which reviews it, be disregarded, if that court is of opinion, that substantial justice does not require that a new trial should be granted.
Seite 581 - If, thus regarded, the words embody a definite meaning, which involves no absurdity and no contradiction between different parts of the same writing, then that meaning, apparent upon the face of the instrument, is the one which alone we are at liberty to say was intended to be conveyed.
Seite 244 - A confession of a defendant, whether in the course of judicial proceedings or to a private person, can be given in evidence against him, unless made under the influence of fear produced by threats, or unless made upon a stipulation of the district m L'rim. C. 176 NY 331 395 Cr|mc Deception 178 N Y. 431 Proof sufficient attorney, that he shall not be prosecuted therefor; but is not sufficient to warrant his conviction, without additional proof that the crime charged has been committed.
Seite 278 - In either of the cases specified in the next section, an action may be maintained, by a husband or wife, against the other party to the marriage, to procure a judgment, separating the parties from bed and board, forever, or for a limited time, for either of the following causes : 1.
Seite 513 - I hereby appoint sole executrix of this my last will and testament ; hereby revoking all former wills by me made.