A Digest of the Cases Decided and Reported in the Supreme Court of Judicature, the Court of Chancery, and the Court for the Correction of Errors, of the State of New York: From 1799 to 1823, with Tables of the Names of the Cases, and of Titles and References
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action adverse possession afterwards agreement allowed amend amount answer appear assignment attorney award bail bank bill bond bound brought cause Chancery charge claim common Company consideration contract conveyed costs Court covenant creditor damages debt debtor decree deed defendant delivered demand devise discharge dollars effect endorser entered entitled equity error evidence ex dem execution executors fact filed fraud give given granted ground heirs held husband Ibid Insurance intended interest issue Jackson judge judgment jury justice land lease liable loss matter ment mortgage notice officer paid party passed payment performance person plaintiff plea pleaded possession proceedings promise proved purchaser received record recover refused rule Sess sheriff Smith sold statute subsequent sufficient suit taken tenant tion trial trust United unless verdict vessel void whole wife witness writ
Page 38 - And also to the act, entitled, " An Act supplementary to an Act, entitled " An Act for the Encouragement of Learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies during the time* therein mentioned," and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints.
Page 257 - Christian like and decent manner at the discretion of my executors/ nothing doubting but at the General Resurrection/ I shall receive the same again by the mighty Power of God/ and as touching such worldly Estate wherewith it hath pleased God to Bless me in this Life/ I give Devise and Dispose of the same in the following manner and form.
Page 111 - So it was early held that where a testator devised all his real and personal estate to his wife for life, and after her death to his son and...
Page 143 - ... received a commission of two and a half per cent. on the amount...
Page 30 - P. 249] , and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 375 - Provided always, and it is hereby further agreed, that if the said assured shall have made any other assurance upon the premises...
Page 210 - Accordingly, it would seem to be a sound rule of law, that wherever a corporation is acting within the scope of the legitimate purposes of its institution, all parol contracts made by its authorized agents, are express promises of the corporation ; and all duties imposed on them by law, and all benefits conferred at their request, raise implied promises, for the enforcement of which an action may well lie.
Page 263 - The legislature may provide by- law that no person shall be capable of holding or being elected to .any post of profit, trust, or emolument, civil or military, legislative, executive, or judicial, under the government of this commonwealth, who shall hereafter fight a duel, or send or accept a challenge to fight a duel, the probable issue of which may be the death of the challenger or challenged, or who...
Page 142 - If the payment be less than the interest, the surplus of interest must not be taken to augment the principal; but interest continues on the former principal until the period when the payments, taken together, exceed the interest due, and then the surplus is to be applied towards discharging the principal; and interest is to be Computed on the balance, as aforesaid.