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affirmed aforesaid agreement alleged amount appeal apply appointed assessment assignment attachment authority Bank Barb cause of action Cawley charge claim commissioners common carriers common council common law complaint contract costs counsel court court of equity creditors damages debts deed defendant defendant's delivered demand entitled equity evidence executed executors fact foreclosure fraud fraudulent freight ground held husband indorsed innkeeper insured intended interest issue judge judgment jury justice land legislature Leonard Smith liable Lock street ment mortgage N. Y. Rep nonsuit opinion owner paid parol parties payment plaintiff possession premises proceedings promissory note proof public enemy purchase question real estate received recover referee referred refused rendered Rochester rule seal sheriff Smith sold special term statute suit surrogate testator thereof tiff tion trial trust vendor verdict void warrant Wend wife Woodbeck York
Page 295 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it.
Page 476 - Whether the party thus misrepresenting a fact knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial; for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Page 264 - When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.
Page 476 - Where the party intentionally, or by design, misrepresents a material fact, or produces a false impression, in order to mislead another, or to entrap or cheat him, or to obtain an undue advantage of him, in every such case there is a positive fraud, in the truest sense of the terms; there is an evil act, with an evil intent — dolum malum, ad circumveniendum.
Page 204 - Whenever any officer shall resign or be removed from office, or the term for which he shall have been elected or appointed shall expire, he shall, on demand, deliver over to his successor in office, all the books, papers, moneys, and effects in his custody as such officer...
Page 391 - After such petition shall be filed, while the same is pending, and after a decree rendered thereon, no proceedings whatever shall be had at law for the recovery of the debt secured by the mortgage, or any part thereof, unless authorized by the court.
Page 296 - In case any person shall refuse or neglect to pay the tax imposed on him, the collector shall levy the same by distress and sale of the goods and chattels of the person who ought to pay the same, or of any goods and chattels in his possession...
Page 515 - ... either to the sheriff of a particular county, or, generally, to the sheriff of any county. It must require the sheriff to attach and safely keep, so much of the property, within his county, which the defendant has, or which he may have, at any time before final judgment in the action, as will satisfy the plaintiff's demand, with costs and expenses. The amount of the plaintiff's demand must be specified in the warrant, as stated in the affidavit. Warrants may be issued at the same time, to sheriffs...