Reports of Cases Argued and Determined in the Court of Chancery of the State of New York Before the Hon. Lewis H. Sandford, Assistant Vice-chancellor of the First Circuit, Band 3Gould, Banks & Company, 1848 |
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Seite 32
... contract set forth in the bill . They also alleged that the mortgage and the whole transaction in regard to it , occurred in the state of New York , that the American Life Insurance and Trust Com- pany exercised franchises and assumed ...
... contract set forth in the bill . They also alleged that the mortgage and the whole transaction in regard to it , occurred in the state of New York , that the American Life Insurance and Trust Com- pany exercised franchises and assumed ...
Seite 33
... contracts set up by the complainants , and therefore no valid or binding contract is established . The objection rests wholly upon the frame of the bill . It is a narrow ground upon which to dispose of the cause , but it is one upon ...
... contracts set up by the complainants , and therefore no valid or binding contract is established . The objection rests wholly upon the frame of the bill . It is a narrow ground upon which to dispose of the cause , but it is one upon ...
Seite 34
... contracts , and do no acts either within or without the state which creates it , except such as are authorized by ... contracts , when it sets up contracts made in a foreign state . The American Life Insurance and Trust Company , was one ...
... contracts , and do no acts either within or without the state which creates it , except such as are authorized by ... contracts , when it sets up contracts made in a foreign state . The American Life Insurance and Trust Company , was one ...
Seite 56
... contract , or where the court relieved because undue advantage had been taken of situations of confi- dence or duty . They have no application to public , statutory or judicial sales , made to bidders not affected by any duty , trust or ...
... contract , or where the court relieved because undue advantage had been taken of situations of confi- dence or duty . They have no application to public , statutory or judicial sales , made to bidders not affected by any duty , trust or ...
Seite 59
... contract which was fair , equal and on a sufficient consideration , although the contract may have been one which the court could not , because of some defect or omission , decree to be carried into execution . This is not the case of ...
... contract which was fair , equal and on a sufficient consideration , although the contract may have been one which the court could not , because of some defect or omission , decree to be carried into execution . This is not the case of ...
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Häufige Begriffe und Wortgruppen
acres agreement alleged American Life Insurance amount answer assignment bank bills of credit bond and mortgage bridge certificates certificates of deposit charge Charles Wilkes claim Clarke complainant's complainants contract conveyance conveyed court court of chancery court of equity creditors death debt decree deed defendant devise Diana dower entitled equity executed executors farm filed Fisher foreclosure fraud Gilbert Harlem Rail Road Harlem River heirs held indorsed Insurance and Trust interest intestacy intestate John judgment lands lease letters testamentary Lewis Morris liable lien loan Loomer lots Ludlum McVickar Morrisania mortgagor N. Y. Dry paid Paige parties payable payment plainants possession pound sterling premises purchase question Rail Road Company real estate received rents Sawyer shares Smith statute suit testator's testimony thereof toll bridge transaction Trust Company usury void W. B. Lawrence Wend Wheelwright widow wife witness Wyckoff York
Beliebte Passagen
Seite 356 - ... blessed be Almighty God for the same, do make and publish this my last will and testament, in manner and...
Seite 188 - Upon the authority of these cases, and of others which are to be found in the books, as well as upon general principles, this court is of opinion that, in a case of fraud, of trust, or of contract, the jurisdiction of a court of chancery is sustainable wherever the person be found, although lands not within the jurisdiction of that court may be affected by the decree.
Seite 466 - ... the amount of the capital stock, and the number of shares into which it is divided; and at least ten per cent of that amount must be subscribed before directors can be chosen.
Seite 33 - Without ascribing to this body, which in its corporate capacity is the mere creature of the act to which it owes its existence, all the qualities and disabilities annexed by the common law to ancient institutions of this sort, it may correctly be said to be precisely what the incorporating act has made it ; to derive all its powers from that act, and to be capable of exerting its faculties only in the manner which that act authorizes.
Seite 187 - Those cases clearly show, that with regard to any contract made or equity between persons in this country respecting lands in a foreign country, particularly in the British dominions, this court will hold the same jurisdiction as if they were situated in England.
Seite 487 - The names and places of residence of the shareholders and the number of shares held by each of them. Fifth. The fact that the certificate is made to enable such persons to avail themselves of the advantages of this Title.
Seite 34 - It may be safely assumed that a corporation can make no contracts, and do no acts either within or without the state which creates it, except such as are authorized by its charter ; and those acts must also be done by such officers or agents, and in such manner as the charter authorizes.
Seite 284 - Payment of the consideration will not, in general, be deemed such a part performance as to relieve a parol contract from the operation of the statute. But the reason for this, viz., that in such a case the repayment of the consideration will place the parties in the same situation in which they were before, shows that the rule applies to a moneyed consideration only.
Seite 549 - The absolute ownership of personal property shall not be suspended by any limitation or condition, for a longer period than during the continuance and until the termination of not more than two lives in being at the date of the instrument containing such limitation or condition ; or, if such instrument be a last will and testament, for not more than two lives in being at the death of the testator.
Seite 704 - ... if the services are of such a peculiar character that it is impossible to estimate their value by any pecuniary standard, and it is evident that the parties did not intend to measure them by any such standard...