Reports of the Decisions of the Court of Appeals of the State of New York: Not Heretofore Reported Under Official Sanction, Arranged Alphabetically, with Notes, and References to Subsequent Decisions and Legislation, Volume 4Diossy, 1874 - Law reports, digests, etc |
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Common terms and phrases
agent agreement alleged American Bible Society American Colonization Society amount applied assignment authority Bank Barb Bement bill of lading bona fide purchaser cause of action charge cited claim Code complaint contract conveyance conveyed Cornwell corporation costs court of equity creditors damages debt deed defendant defendant's delivered delivery Eames effect entitled equity evidence execution fact fendant fraud fraudulent grant ground held hundred dollars indorsement interest Jackson John judges concurred Judgment affirmed jury land liable lien ment mortgage objection opinion owner paid Paige parties payment person plaintiff possession premises proof proved provisions purchase question Quisse received recover referee refused reversed rule Seacord Smith sold statute statute of frauds sued supreme court testator thereof thousand dollars tiff tion trial trust usury valid verdict vested void Wend witness wood
Popular passages
Page 78 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 3 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it
Page 593 - In the view I take of this case it is not necessary to express a final opinion on the point, or upon claimants' contention that actual delivery took place in the Port of London Authority's warehouse.
Page 373 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 137 - ... of such loss, and publish the same in such manner as they shall see fit, or as the by-laws shall have prescribed...
Page 539 - A party to an action may be examined as a witness, at the instance of the adverse party, or of any one of several adverse parties, and for that purpose may be compelled, in the same manner, and subject to the same rules of examination, as any other witness, to testify, either at the trial, or conditionally, or upon commission.
Page 489 - ... appears that a cause of action exists against the defendant, in respect to whom the service is to be made, or that he is a proper party to an action relating to real property in this State, such court or judge may grant an order that the service be made by the publication of a summons in either of the following cases: turned.
Page 489 - Where the subject of the action is real or personal property in this State, and the defendant has or claims a lien or interest, actual or contingent, therein, or the relief demanded consists wholly or partly in excluding the defendant from any interest or lien therein ; 5.
Page 538 - But in trials of any sort they are not allowed to be evidence for, or against, each other: partly because it is impossible their testimony should be indifferent, but principally because of the union of person; and therefore, if they were admitted to be witnesses for each other, they would contradict one maxim of law, "nemo in propria causa testis esse debet...
Page 348 - ... notice to such person, and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party on his depositing in court the amount of the debt...