A Digest of the Cases Decided and Reported in the Supreme Court of Judicature, the Court of Chancery, and the Court for the Correction of Errors, of the State of New York: From 1799 to 1823, with Tables of the Names of the Cases, and of Titles and References, Volume 2
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action adverse possession affidavit afterwards agent agreement amend amount appear assignment assumpsit attorney award bail bill bond cargo cause certiorari cestui que trust Champerty Chancery charge claim contract conveyance conveyed costs Court of Chancery covenant creditor damages debt debtor declaration decree deed defendant delivered devise discharge dollars dower ejectment endorser entitled equity error evidence execution executors feme covert fendant filed fraud fraudulent granted grantor habeas corpus heirs held husband Ibid insolvent Insurance Company interest issue Jackson judg judgment jurisdiction jury justice land lease lessor liable Livingston matter ment mortgage mortgagor notice owner paid parol partner party payment plaintiff plea pleaded possession proceedings promise promissory note purchaser recover seised seisin Sess sheriff sold statute statute of frauds sufficient suit Supreme Court tenant testator tion trespass trial trust usury verdict vessel void warranty wife witness writ writ of error
Page ii - And also to the act, entitled, " An Act supplementary to an Act, entitled " An Act for the Encouragement of Learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies during the time* therein mentioned," and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints.
Page 257 - Christian like and decent manner at the discretion of my executors/ nothing doubting but at the General Resurrection/ I shall receive the same again by the mighty Power of God/ and as touching such worldly Estate wherewith it hath pleased God to Bless me in this Life/ I give Devise and Dispose of the same in the following manner and form.
Page 111 - So it was early held that where a testator devised all his real and personal estate to his wife for life, and after her death to his son and...
Page 143 - ... received a commission of two and a half per cent. on the amount...
Page 32 - P. 249] , and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 375 - Provided always, and it is hereby further agreed, that if the said assured shall have made any other assurance upon the premises...
Page 210 - Accordingly, it would seem to be a sound rule of law, that wherever a corporation is acting within the scope of the legitimate purposes of its institution, all parol contracts made by its authorized agents, are express promises of the corporation ; and all duties imposed on them by law, and all benefits conferred at their request, raise implied promises, for the enforcement of which an action may well lie.
Page 263 - The legislature may provide by- law that no person shall be capable of holding or being elected to .any post of profit, trust, or emolument, civil or military, legislative, executive, or judicial, under the government of this commonwealth, who shall hereafter fight a duel, or send or accept a challenge to fight a duel, the probable issue of which may be the death of the challenger or challenged, or who...
Page 142 - If the payment be less than the interest, the surplus of interest must not be taken to augment the principal; but interest continues on the former principal until the period when the payments, taken together, exceed the interest due, and then the surplus is to be applied towards discharging the principal; and interest is to be Computed on the balance, as aforesaid.