Reports of Cases Adjudged in the Supreme Court of Judicature of the State of New York: From January Term 1799 to January Term 1803, Both Inclusive: Together with Cases Determined in the Court for the Correction of Errors During that Period, Volume 1Banks, Gould, 1846 - Law reports, digests, etc |
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Page 29
... notice , to prevent surprise . THE plaintiff's attorney received notice from an attorney for the defendant , in July ; and in September following , re- ceived the like notice from another attorney ; the copy of the declaration was ...
... notice , to prevent surprise . THE plaintiff's attorney received notice from an attorney for the defendant , in July ; and in September following , re- ceived the like notice from another attorney ; the copy of the declaration was ...
Page 30
... notice from another attorney , so as to prevent a sur- prise . Let the default be set aside , with costs . ( a ) Rule granted . HAMILTON against HOLCOMB and others . On error coram vobis , amendment of the record allowed by entering a ...
... notice from another attorney , so as to prevent a sur- prise . Let the default be set aside , with costs . ( a ) Rule granted . HAMILTON against HOLCOMB and others . On error coram vobis , amendment of the record allowed by entering a ...
Page 35
... notice to the defendant to quit . On the trial , a motion for a nonsuit was made on the part of the defendant , on two grounds ; 1st . That there was not sufficient evidence of a possession in Van Alen for twenty years , to enable the ...
... notice to the defendant to quit . On the trial , a motion for a nonsuit was made on the part of the defendant , on two grounds ; 1st . That there was not sufficient evidence of a possession in Van Alen for twenty years , to enable the ...
Page 39
... notice to quit . Where the holding is not for a determinate period , but from the reservation of an annual rent , or from other cir- cumstances , it can be construed into a holding from year to year , the courts have adopted the rule ...
... notice to quit . Where the holding is not for a determinate period , but from the reservation of an annual rent , or from other cir- cumstances , it can be construed into a holding from year to year , the courts have adopted the rule ...
Page 43
... notice to quit ; and my opinion , accordingly , is , that the verdict must be set aside , and that the postea be de- livered to the defendant to enter judgment of nonsuit . LEWIS , J. The grounds on which the present application is made ...
... notice to quit ; and my opinion , accordingly , is , that the verdict must be set aside , and that the postea be de- livered to the defendant to enter judgment of nonsuit . LEWIS , J. The grounds on which the present application is made ...
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Common terms and phrases
abandonment action admitted affidavit aforesaid Alen amount appears apply assignment assumpsit attorney bail bill bill of lading cargo cause co-parceners considered contract conveyance costs court court of chancery court of equity covenant Cowen Curiam damages debt declaration deed defendant delivered demand demurrer discharge disseisin ejectment endorser entitled evidence execution fact Falmouth fraud freight Gomez Gouverneur & Kemble granted ground Guen Havre de Grace held indigo insured intent Jackson ex Johns judge judgment jury justice land LANSING lease lessor liable Lopez Lord Lord Mansfield nonsuit notice opinion paid parties payment person plaintiff plea pleaded port possession premises principal proceedings proceeds promissory note purchasers question received recover refused Rivera rule seisin sheriff ship Sir William Johnson statute sufficient suit tenant term tion trial trust Van Alen verdict vessel voyage warranty Wend witness York
Popular passages
Page 216 - Within the age of twenty-one years ; or, 2. Insane ; or, 3. Imprisoned on a...
Page 157 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Page 400 - ... for and in consideration of the sum of one dollar to him in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is...
Page iv - Reports of cases adjudged in the Supreme court of judicature of the State of New York...
Page iv - BBOWN, of the said district, hath deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit : " Sertorius : or, the Roman Patriot.
Page 475 - The last class of contracts, implied by reason and construction of law, arises upon this supposition, that every one who undertakes any office, employment, trust or duty, contracts with those who employ or entrust him, to perform it with integrity, diligence, and skill. And, if by his want of either of those qualities any injury accrues to individuals, they have therefore their remedy in damages by a special action on the case.
Page 146 - This evidence was overruled, and a verdict was thereupon taken for the defendants. The plaintiff moved for a new trial, on the ground that the evidence last mentioned ought to have been admitted.
Page 164 - Payment of any Debt or Debts), shall be thereby given or made, such Devise, Legacy, Estate, Interest, Gift, or Appointment shall, so far only as concerns such Person attesting 'the Execution of such Will, or the Wife or Husband of such Person, or any Person claiming under such Person or Wife or Husband, be utterly null and void...
Page 157 - ... or subsequent purchasers in good faith ; and shall be conclusive evidence of fraud, unless it shall be made to appear, on the part of the persons claiming under such sale or assignment, that the same was made in good faith, and without any intent to defraud such creditors or purchasers.
Page 340 - The only difference between policies of assurance and other instruments in this respect, is, that the greater part of the printed language of them, being invariable and uniform, has acquired, from use and practice, a known and definite meaning, and that the words superadded in writing, subject indeed always to be governed in point of construction by the language and terms with which they are accompanied, are entitled, nevertheless, if there...