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action affirmed agent Albany Law Journal anthority applied bank becanse bench bill of exchange bill of lading canse Chancellor charge Chief Justice Circuit claim clanse common law constitution contract counsel Court of Appeals Court of Chancery court of equity criminal damages David Dudley Field decided decision deed defendant delivered duty England English entitled equity evidence fact favor frand held House of Lords indictment injury insanity interest Judge Davis judgment judicial jurisdiction jurors jury land lawyers legislature liable Lord Martin Grover matter ment negligence notice O'Conor offense opinion owner paid parties payment person plaintiff plaintiff in error practice premises present principle purchase question Railroad reason recover reports respect rule says statute Supreme Court Tappen term thing ticket tion trial tribunal Tweed United verdict York
Page 365 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 311 - The taking, receiving, reserving or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill or other evidence of debt carries •with it, or which has been agreed to be paid thereon.
Page 327 - And shall have, exclusively, all such jurisdiction of suits or proceedings against ambassadors or other public ministers, or their domestics or domestic servants, as a court of law can have or exercise consistently with the law of nations. And original, but not exclusive jurisdiction of all suits brought by ambassadors or other public ministers, or in which a consul or viceconsul shall be a party.
Page 156 - ... assign or demise to or permit any other person to occupy the premises, or any part thereof, without the consent in writing of the lessor," and a proviso for re-entry by the lessor for any breach.
Page 342 - Where the means of knowledge are at hand, and equally available to both parties, and the subject of purchase is alike open to their inspection, if the purchaser does not avail himself of these means and opportunities he will not be heard to say that he has been deceived by the vendor's misrepresentations.
Page 203 - It is a rule in law when the ancestor by any gift cr conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 279 - ... lunatic in every madhouse and its dead in every churchyard, which has its ruined suitor with his slipshod heels and threadbare dress borrowing and begging through the round of every man's acquaintance, which gives to...
Page 347 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, II East, 60, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover ; if by ordinary care he might have avoided them, he is the author of his own wrong.
Page 238 - All contracts, whether by specialty or by simple contract, henceforth entered into by infants for the repayment of money lent or to be lent, or for goods supplied or to be supplied (other than contracts for necessaries), and all accounts stated with infants, shall be absolutely void...