Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 17New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Edward Jordan Dimock, Edmund Hamilton Smith, Hiram Edward Sickels, Louis J. Rezzemini, Edwin Augustus Bedell, James Newton Fiero, Alvah S. Newcomb Lawyers Co-operative Publishing Company, 1859 - Law reports, digests, etc |
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action agent American Exchange Bank amount appealed applied appointment assignment authority banking bill camphene claim common council common law complaint COMSTOCK constitution contract conveyance counsel Court of Chancery court of equity creditors damages debt debtor decision deed defendant defendant's delivered DENIO Dillaye duty effect election entitled equity equity of redemption evidence execution fact Fire Insurance Company foreclosure fund ground held indorsed insolvent intended interest issued judges concurring Judgment affirmed jurisdiction jury justice land larceny Leavitt legislature liable lien loss ment moneyed corporations mortgage mortgagor Nicholas Hill notice object opinion owner paid parties payment performance person plaintiff possession premises proceedings property insured provisions purchaser question reason received recover referred respect rule Saratoga County SMITH.-VOL statute Stuyvesant suit Supreme Court Syracuse term testator tion trial trust Utica vacancy valid void Wend
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Page 147 - All offices for the weighing, gauging, measuring, culling or inspecting any merchandise, produce, manufacture or commodity whatever, are hereby abolished, and no such office shall hereafter be created by law ; but nothing in this section contained, shall abrogate any office created for the purpose of protecting the public health or the interests of the State in its property, revenue, tolls or purchases, or of supplying the people with correct standards of weights and measures, or shall prevent the...
Page 272 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Page 371 - The electors of the several towns shall, at their annual town meetings, or at such other time and in such manner as the Legislature may direct, elect Justices of the Peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term.
Page 371 - The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election a,fter the happening of the vacancy.
Page 270 - The Legislature shall have the same powers to alter and regulate the jurisdiction and proceedings in law and equity, as they have heretofore possessed.
Page 367 - ... for the frauds, deceits, concealments, misrepresentations, torts, negligences, and other malfeasances, or misfeasances, and omissions of duty, of his agent in the course of his employment, although the principal did not authorize, or justify, or participate in, or indeed know of such misconduct, or even if he forbade the acts or disapproved of them.
Page 272 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of, 1. The same transaction, or transactions connected with the same subject of action; 2.
Page 234 - ... accompanied by a detailed statement thereof, into the treasury of the state to the credit of the general fund.
Page 238 - That all fines imposed under the provisions of this Act shall be paid into the treasury of the State, to the credit of the general fund.
Page 193 - It extends to all communications made bona fide upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty, to a person having a corresponding interest or duty.