Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Volume 47Soney & Sage, 1891 - Law reports, digests, etc |
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18 Stew agreement alleged amount answer appears appellant assignment Baghurst bank benefit Bergen county bill bond and mortgage C. E. Gr Camden Carlstadt chancellor CHIEF-JUSTICE claim complainant complainant's consent consideration contract conveyance conveyed corporation Cortlandt Parker counsel court of chancery court of equity creditors death debt decree deed defendant defendant's ditches entitled equity estoppel evidence executed executor Exrs fact Fort Lee fraud George Pace grantor Hackensack heirs at law husband intention interest interpleader Jersey City John judgment land Lawrence legatee marriage Meigs Mellick ment Miss Passage Morton orphans court owner paid Pancoast parties payment person Pironi plainant plaintiff Point Breeze possession premises principal proof purchaser purpose question real estate received rent respondent rule says Springer Starr statute statute of frauds street suit swears take-in tenant testator's tion transaction trust usury wife William witness
Popular passages
Page 47 - There is no doubt that, where such an agreement is made, it is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents in making the contract, so as to give the benefit of the contract, on the one hand, to, and to charge with liability, on the other, the unnamed principals...
Page 572 - If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Page 356 - that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
Page 203 - August 20th of same year, this court granted a rule to show cause why the judgment should not be opened and defendant let into a defense.
Page 369 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Page 490 - But no such damages shall be adjusted and paid until thoroughly examined and passed upon by the Commissioner of Indian Affairs and the Secretary of the Interior...
Page 95 - the principles and rules of the common law, as now universally known and understood, are so strong against fraud in every shape, that the common law would have attained every end proposed by the statutes 13 Eliz. c. 5, and 27 Eliz. c. 4. The former of these statutes relates to creditors only : the latter to purchasers. These statutes cannot receive too liberal a construction, or be too much extended in suppression of fraud.
Page 47 - There is no doubt that where such an agreement is made, it is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents in making the contract, so as to give the benefit of the contract on the one hand to, and charge with liability on the other, the unnamed principals ; and this, whether the agreement be or be not required to be in writing by the statute of frauds ; and this evidence in no way contradicts the written agreement.
Page 25 - Where there is no gift but by a direction to pay, or divide and pay, at a future time, or on a given event, or to transfer ' from and after ' a given event, the vesting will be postponed till after that time has arrived, or that event has happened, unless, from particular circumstances, a contrary intention is to be collected.
Page 430 - the grantor and his heirs are estopped from denying that there is a street or way to the extent of the land on those two sides. We consider this to be not merely a description, but an implied covenant that there are such streets.