Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Trial of Impeachments and Correction of Errors in the State of New-York, Volume 12Banks & Brothers, 1853 - Law reports, digests, etc |
Contents
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Common terms and phrases
action admitted adverse possession affidavits affirmed agent agreement ALBANY appears applied April Arden assignment assumpsit award barratry bill bound cause cents certiorari Chancery charge claim CLASON common law contract conveyance costs count Court of Chancery court-martial covenant creditors Curiam debt declaration decree deed defendant defendant's delivered the opinion delivery dollars entitled evidence execution executors fact fee tail fendant fraud grant held insured intended issue Jackson Johns judge judgment jurisdiction jury justice land lease lessors Lord Lord Mansfield matter ment Monell mortgage NEW-YORK non est factum nonsuit notice officer paid parol party patent payment person plaintiff in error possession premises principle proceedings proved purchase question received recover rule sheriff sold statute sufficient suit Supreme Court Term Rep testator tiff tion trespass trial trustees verdict Verplank vessel void voyage Wendell's Rep witness writ of error
Popular passages
Page 70 - ... hereditaments, shall at any time after the said four and twentieth day of June be assigned, granted or surrendered, unless it be by deed or note in writing, signed by the party so assigning, granting or surrendering the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law.
Page 140 - The indorsement on a blank note is a letter of credit for an indefinite sum. The defendant said : ' Trust Galley to any amount, and I will be his security.
Page 69 - J., delivered the opinion of the Court. The single question in this case is, whether...
Page 183 - J., the defendant's counsel moved for a non-suit on the ground that the...
Page 172 - A, 2, Pleader 2, W, 9, 14. In the case of Warren v. Lynch, 5 Johns. 244, this court decided, that a scrawl for a seal, with an (LS) was not a seal, and deserved no notice; and that calling a paper a deed will not make it one, if it want the requisite formalities. The oyer of the contract, therefore, set out in the count under consideration, can have no effect; for we cannot tell that the original differs from it, or possesses any of the properties of a seal.
Page 231 - States ; provided the officer committing shall, at the same time, deliver an account in writing, signed by himself, of the crime with which the said prisoner is charged.
Page 12 - ... of such a contract, and instead of endeavoring to enforce it presumes it to be void and seeks to prevent the defendant from retaining the benefit which he derived from an unlawful act, then it is consonant to the spirit and policy of the law that the plaintiff should recover.
Page 401 - In contracts for provisions, it is always implied that they are wholesome ; and if they be not, the same remedy may be had.
Page 69 - ... made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Page 357 - ... issuing in the king's name from the court of king's bench, and directed to any person, corporation, or inferior court of judicature within the king's dominions, requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the court of king's bench has previously determined, or at least supposes, to be consonant to right and justice.