The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit, and District Courts, Appellate Courts of the Several States, State and City Courts of New York and English Courts, Volume 4McDivitt, Campbell & Company, 1877 |
Contents
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Common terms and phrases
action was brought affidavit agent agreement alleged amount answer application applt appointed assessment assignment attorney bank bonds charge claim complaint concur contract costs counsel County COURT OF APPEALS creditor damages debt deceased Decided April Decided Jan deed defendant defendant's delivered demurrer dence denied entitled error evidence execution executor fact fendant filed foreclosure FOURTH DEPT fraud granted Held indorsed interest issued judge Judgment affirmed judgment for plaintiff Judgment reversed jury land liable lien ment mortgage motion N. Y. COURT N. Y. SUPREME COURT negligence nonsuit notice owner paid party payment person plain plaintiff in error plff possession premises proceedings promissory note proof purchase question railroad Rapallo received recover referee refused respt sheriff sold Special Term statute Statute of Frauds suit testator thereof tiff tion trial trust usury verdict witness York
Popular passages
Page 47 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to my beloved wife, Susie E. Smith, to have and to hold to her, my said wife, and to her heirs and assigns forever.
Page 494 - Every incorporated or other bank, and every person, firm, or company having a place of business where credits are opened by the deposit or collection of money or currency, subject to be paid or remitted upon draft, check, or order, or where money is advanced or loaned on stocks, bonds, bullion, bills of exchange, or promissory notes, or where stocks, bonds, bullion, bills of exchange, or promissory notes are received for discount or for sale, shall be regarded as a bank or as a banker.
Page 499 - To give a third party who may derive a benefit from the performance of the promise. an action, there must be, first, an intent by the promisee to secure some benefit to the third party, and second, some privity between the two, the promisee and the party to be benefited, and some obligation or duty owing from the former to the latter which would give him a legal or equitable claim to the benefit of the promise or an equivalent from him personally.
Page 162 - A party or a witness, examined in a special proceeding, authorized by this article is not excused from answering a question, on the ground that his examination will tend to convict him of the commission of a fraud...
Page 119 - But there is another proposition equally well established, and it is a qualification upon the first, namely, that though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintiffs' negligence will not excuse him.
Page 49 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Page 333 - The power of the State to regulate the tenure of real property within her limits, and the modes of its acquisition and transfer, and the rules of its descent, and the extent to which a testamentary disposition of it may be exercised by its owners, is undoubted. It is an established principle of law, everywhere recognized, arising from the necessity of the case, that the disposition of immovable property, whether by deed, descent, or any other mode, is exclusively subject to the government within...
Page 258 - The correlative power to revoke or recall a permission is a necessary consequence of the main power. A mere license by a State is always revocable.
Page 333 - The power of the State in this respect follows from her sovereignty within her limits, as to all matters over which jurisdiction has not been expressly or by necessary implication transferred to the Federal government. The title and modes of disposition of real property within the State, whether inter vivot or testamentary, are not matters placed under the control of Federal authority.
Page 319 - From time to time, after full provision has been first made for refunding to the United States any deficiency in redeeming the notes of such association, the Comptroller shall make a ratable dividend of the money so paid over to him by such receiver on all such claims as may have been proved to his satisfaction or adjudicated in a court of competent jurisdiction...