N.Y. Weekly Digest of Cases Decided in the N.Y. Court of Appeals, and General Terms of the N.Y. Supreme, Common Pleas and Superior Courts, the Appellate Courts of the Other States, and the U.S. Supreme Court, Volume 14
McDivitt, Campbell & Company, 1882 - Law reports, digests, etc
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action to recover action was brought agreement alleged amount applt appointed April 11 ascer assignment attorney award bank bonds cause of action charge claim Code complaint concur contract corporation costs Court of Appeals creditors damages debt deceased Decided April Decided Feb Decided Jan deed defendant defendant's demurrer duty entitled error evidence execution executors fact favor fendant firming judgment Fourth Dept fraud fraudulent Held intent interest intestate issue judg Judgment affirmed Judgment reversed jury land lease liable lien ment mortgage motion N. Y. Court N. Y. Supreme Court negligence notice Opinion by Learned Order affirmed owner paid party payment person plain plaintiff plaintiff in error premises proceedings purchase question Rapallo real estate received referee refused respt sheriff sold Special Term statute Statute of Frauds tained testator testified thereof Third Dept tiff tion trustee usury verdict witness
Page 24 - ... to establish a defense on the ground of insanity it must be clearly proved that, at the time of the committing of the act, the party accused was laboring 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 294 - That the total liabilities to any association, of any person, or of any company, corporation, or firm for money borrowed, including in the liabilities of a company or firm the liabilities of the several members thereof, shall at no time exceed one-tenth part of the amount of the capital stock of such association actually paid in...
Page 373 - 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 iu which said association is located, having jurisdiction in similar cases...
Page 313 - The naming of a person executor in a will does not operate as a discharge or bequest of any just claim which the testator had against him; but it must be included among the credits and effects of the deceased in the inventory, and the executor shall be liable for the same as for so much money in his hands at the time the debt or demand becomes due...
Page 294 - But the discount of bills of exchange drawn in good faith against actually existing values, and the discount of commercial or business paper actually owned by the person negotiating the same, shall not be considered as money borrowed.
Page 570 - ... and before the same officers as in the case of a tenant holding over after the expiration of his term without permission of his landlord.
Page 553 - ... refuse or neglect to pay the same; and if for the space of ten days after such application, and the deposit of a reasonable sum as provided in the next section, if required, the corporation shall refuse or neglect to supply gas or electric light as required, such corporation shall forfeit and...
Page 229 - ... with power to sell and dispose of the same, at public or private sale, at such time or times, and upon such terms, and in such manner, as to them shall seem meet...
Page 228 - As against positive, affirmative evidence by credible witnesses to the ringing of a bell or the sounding of a whistle, there must be something more than the testimony of one or more that they did not hear it, to authorize the submission of the question to the jury. It must appear that they were looking, watching, and listening for it, that their attention was directed to the fact, so that the evidence will tend to some extent to prove the negative. A mere, 'I did not hear...
Page 199 - This dissolution did not annul or change those relations between the parties which are the basis of the obligation in such cases. After the dissolution the original leases remained partnership property for the purpose of liquidation. The obligation of each partner to deal with them, not for his individual benefit but for the common or joint interest, remained. The trust as to the use of the partnership property remained attached to these leases, as part of their value was the so-called expectation...