Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York, Volume 8Baker, Voorhis & Company, 1880 |
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Página 25
... ground that the plaintiff's assignor had elected his remedy by retaining pos- session of the vessel , and having thereby led to the action brought against him by the purchaser , was estopped and limited thereafter to his remedy for the ...
... ground that the plaintiff's assignor had elected his remedy by retaining pos- session of the vessel , and having thereby led to the action brought against him by the purchaser , was estopped and limited thereafter to his remedy for the ...
Página 28
... ground of his interest , his testimony was stricken out on the defendant's motion . When he was again presented for ex- amination , after his interest was shown to have been released , the objection taken was not that he was incompetent ...
... ground of his interest , his testimony was stricken out on the defendant's motion . When he was again presented for ex- amination , after his interest was shown to have been released , the objection taken was not that he was incompetent ...
Página 43
... issued on affidavits showing a ground of arrest extrinsic of the cause of action , if the defendant does not move to vacate of arrest , he admits that the Coles v . Hannigan . warrant was rightly issued ; NEW YORK - APRIL , 1878 . 43.
... issued on affidavits showing a ground of arrest extrinsic of the cause of action , if the defendant does not move to vacate of arrest , he admits that the Coles v . Hannigan . warrant was rightly issued ; NEW YORK - APRIL , 1878 . 43.
Página 47
... ground of arrest , and his motion is granted , he is entitled to his discharge and to have the proceeding dismissed ( Johnson v . Florence , 32 How . Pr . 230 ) . Upon the authority of the last case , it seems . clear that the dismissal ...
... ground of arrest , and his motion is granted , he is entitled to his discharge and to have the proceeding dismissed ( Johnson v . Florence , 32 How . Pr . 230 ) . Upon the authority of the last case , it seems . clear that the dismissal ...
Página 60
... ground , and it does not appear that any part of the money paid belonged to the hus- band . Although the marshal's testimony would go to show that the husband paid two instalments of the money , i.e. , the first and third , and that the ...
... ground , and it does not appear that any part of the money paid belonged to the hus- band . Although the marshal's testimony would go to show that the husband paid two instalments of the money , i.e. , the first and third , and that the ...
Outras edições - Ver tudo
Reports of Cases Argued and Determined in the Court of Common ..., Volume 6 Charles Patrick Daly Visualização integral - 1878 |
Reports of Cases Argued and Determined in the Court of Common ..., Volume 16 Charles Patrick Daly Visualização integral - 1892 |
Reports of Cases Argued and Determined in the Court of Common ..., Volume 11 Charles Patrick Daly Visualização integral - 1885 |
Palavras e frases frequentes
action was brought affidavit affirmed agreed agreement alleged allowed amount application assignee assignment assignor attorney cause of action charge CHARLES checks claim complaint concurred contract convictions costs counsel Court of Appeals court of equity creditors DALY debt Decided defendant defendant's delivered delivery denied discharge entered entitled evidence execution fact fendant filed firm Frank Leslie fraud fraudulent fraudulent conveyance granting ground Hegeman held HOESEN imprisonment interest issue JOSEPH F judge judgment debtor jury justice LARREMORE lease liable lien Lincks Louis Lincks Marine Court matter ment mortgage motion National Bank opinion Oyer and Terminer paid party payment person Perth Amboy plaintiff premises prisoners proceedings question quo warranto received recover referred refused rendered rent replevin respondent reversed Smith special term statute Stavoren tenant testator testified testimony tiff tion trade-mark trial verdict witness York
Passagens conhecidas
Página 144 - ... notice to such person and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in court the amount claimed on the contract, or delivering the property or its value to such person as the court may direct; and the court may, in its discretion, make the order.
Página 590 - In the following cases every agreement shall be void unless such agreement, or some note or memorandum thereof, be in writing and subscribed by the party to be charged therewith : 1 . Every agreement that, by its terms, is not to be performed within one year from the making thereof.
Página 425 - Persons sustaining loss or damage by fire shall forthwith give notice of said loss to the company, in writing, and as soon after as possible render a particular account of such loss...
Página 381 - For a name assumed by the voluntary act of a young man at his outset into life, adopted by all who know him, and by which he is constantly called, becomes, for all purposes that occur to my mind, as much and effectually his name as if he had obtained an Act of Parliament to confer it upon him.
Página 513 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Página 227 - NEGLIGENCE - Failure to exercise that degree of care which a person of ordinary prudence would exercise under similar circumstances. PROXIMATE CAUSE - Something which in natural and continuous sequence, unbroken by any new intervening cause, produces an event, and without which the injury would not have occurred.
Página 169 - The language of the acts of 1874 and 1875 is certainly broad enough to embrace an appeal from an order granting a new trial on the ground that the verdict of the jury was against evidence, but such, I think, was not the intention of the Legislature.
Página 322 - In witness whereof, the parties hereto have set their hands and seals the day and year first above written.
Página 101 - I, the within named petitioner, do swear, (or affirm, as the case may be) that the within petition and account of my estate and of the charges thereon, are in all respects just and true ; and that I have not, at any time or in any manner, disposed of or made over, any part of my property, with a view to the future benefit of myself or my family, or with an intent to injure or defraud any of my creditors.
Página 554 - If a man be taken in execution, and lie in prison for debt, neither the plaintiff at whose suit he is arrested, nor the sheriff who took him, is bound to find him meat, drink, or clothes ; but he must live on his own, or on the charity of others : and if no man will relieve him, let him die, in the name of God, says the law, and so say I.