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admit affidavits aforesaid agreement amount answer appears assignment authority Aycrigg bridge Chancellor charge charter circumstances claim Colonel Thorn complainant complainant's construction conveyance counsel court of chancery court of equity creditors debt decree deed defendants Delaware Falls Company demurrer deny directors draw Elizabethtown entitled erected Erie Railroad evidence executed executors executrix fact filed fraud fraudulent fund grant ground Herman Thorn hundred dollars injunction insisted interest issued John John Arrowsmith judgment land lease legacy legatee lien matter ment Miss Hait mortgage navigation opinion paid parties Passaic river payment personal estate Philemon Dickerson Philip Gamble piers plainant possession premises purchase purpose question Railroad Company real estate receivers relief rents residue rule secure sell shares sold statute stockholders suit testatrix thereof Thomas Addis Emmet Thorn thousand dollars tion Trenton Delaware Falls trustee usury wife William Potts witness
Page 335 - Judge, but of that sound and reasonable discretion which governs itself as far as it may by general rules and principles ; but at the same time which withholds or grants relief, according to the circumstances of each particular case, when these rules and principles will not furnish any exact measure of justice between the parties.
Page 98 - ... make all and every insurance appertaining to or connected with marine risks and risks of transportation and navigation.
Page 235 - ... which will shortly be mentioned. For if persons having a confidential character were permitted to avail themselves of any knowledge acquired in that capacity, they might be induced to conceal their information, and not to exercise it for the benefit of the persons relying upon their integrity. The characters are inconsistent.
Page 238 - ... to be allowed to purchase, and the court will then examine into the circumstances, ask who had the conduct of the transaction, whether there is reason to suppose the premises could be sold better, and upon the result of that inquiry will let another person prepare the particular sale, and allow the trustee to bid
Page 695 - This instrument in its form is an acknowledgment by the King of Prussia that the sum mentioned in the bond is due to every person who shall for the time being be the holder of it; and the principal and interest is payable in a certain mode and at certain periods mentioned in the bond. It is, therefore, in its nature precisely analogous to a banker's note payable to bearer, or to a bill of exchange indorsed in blank.
Page 177 - It is not sufficient to show that injustice has been done, but that it has been done under circumstances which authorize the court to interfere...
Page 702 - ... would justify us in holding these securities to differ from common obligations, in being so far negotiable that the bona fide possessor shall be held to have a good title. But the case is still stronger against the party which made and issued them, with full knowledge of the prevailing usage, and with the manifest design that they should be so circulated. To permit such parties to dispute this result of the usage, would be to permit them to take advantage of their own wrong. And besides, the...
Page 580 - Stat., 214), by which it is enacted, that the sentence or decree of the orphans' court on the final settlement and allowance of the accounts of executors, shall be conclusive upon all parties, and shall exonerate and forever discharge every such executor from all demands of creditors, legatees, or others, beyond the amount of such settlement, except...
Page 724 - It is none the less conclusive because rendered by default. " The collusiveness of a judgment upon the rights of the parties does in nowise depend upon its form or upon the fact that the court investigated or decided the legal principles involved ; a judgment by default or upon confession is in its nature just as conclusive upon the rights of the parties before the court as a judgment upon a demurrer or verdict.