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 3McDivitt, Campbell & Company, 1877 |
Contents
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Common terms and phrases
action was brought agent agreement alleged amount applied applt assessment assignment authority bank bankrupt bankruptcy bill bill of lading bond brought to recover cause charge claim commenced complaint concurring contract corporation costs COURT OF APPEALS court of equity creditors damages debt debtor Decided June deed defendant defendant's delivered demurrer dence denied entitled equity error evidence execution fact fendant filed FOURTH DEPARTMENT fraud granted ground Held judge Judgment affirmed jury land liable lien ment mortgage motion N. Y. COURT N. Y. SUPREME COURT negligence nolle prosequi Opinion owner paid party payment person petition plain plaintiff in error plff premises proceedings promissory note proof proved purchase question received referee refused respt sheriff sold Special Term statute statute of frauds suit sureties testator thereof tiff tion trial trust usurious verdict witness
Popular passages
Page 216 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 216 - To exercise by its board of directors, or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt...
Page 216 - That every association may take, receive, reserve, and charge on any loan or discount made, or upon any note, bill of exchange, or other evidences of debt, interest at the rate allowed by the laws of the State or territory where the bank is located, and no more...
Page 538 - ... repugnant to the constitution of the United States, and the decision was in favor of its validity...
Page 106 - States shall be first satisfied, and the priority hereby established shall extend as well to cases in which a debtor, not having sufficient property to pay all his debts, makes a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed, or absent debtor are attached by process of law, as to cases in which an act of bankruptcy is committed.
Page 134 - ... that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Page 435 - The true criterion of a fixture is the united application of these requisites: ( 1 ) Actual annexation to the realty, or something appurtenant thereto; (2) application to the use or purpose to which that part of the realty with which it is connected is appropriated; and (3) the intention of the party making the annexation to make a permanent accession to the freehold.
Page 134 - ... any property or thing in action, belonging to the defendant, and of any property, money, orthing in action, due to him, or held in trust for him; and to prevent the transfer of any such property, money, or thing in action...
Page 74 - This requirement of the constitution is met if the trial is had according to the settled course of judicial proceedings. Due process of law is process due according to the law of the land. This process in the states is regulated by the law of the state.
Page 443 - Together with all the right, title and interest of the parties of the first part of, in and to the adjoining half of Warburton Avenue, Dock Street and Woodworth Place.