Reports of Cases Argued and Determined in the Supreme Court and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York, 6. köideWm. & A. Gould, 1837 |
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Page 25
... reason , the defendant is not estopped to question the plaintiffs ' being a corporation by reason of UTICA , Aug. 1826 . Trustees of Vernon V. Hills . UTICA , Aug. 1826 . Trustees of Vernon V. Hills OF THE STATE OF NEW - YORK . 25.
... reason , the defendant is not estopped to question the plaintiffs ' being a corporation by reason of UTICA , Aug. 1826 . Trustees of Vernon V. Hills . UTICA , Aug. 1826 . Trustees of Vernon V. Hills OF THE STATE OF NEW - YORK . 25.
Page 28
... reason of the rule may be questioned . Eng- lish judges themselves have admitted it to be an anomaly in the law of evidence ; but it is enough for us in a criminal case to show what the rule is . It must continue till altered by the ...
... reason of the rule may be questioned . Eng- lish judges themselves have admitted it to be an anomaly in the law of evidence ; but it is enough for us in a criminal case to show what the rule is . It must continue till altered by the ...
Page 29
... reasons upon which the other cases were disre- garded , and considered no longer binding . There may be one reason for the exception in England which has no existence here . In many cases , the instru- ment forged , is forfeited to the ...
... reasons upon which the other cases were disre- garded , and considered no longer binding . There may be one reason for the exception in England which has no existence here . In many cases , the instru- ment forged , is forfeited to the ...
Page 30
... reason of any supposed interest , unless he was interested in the event of the suit , or unless the ver- dict in the cause , whichever way it may be found , could be given in evidence in any other action , in which he was . a party ...
... reason of any supposed interest , unless he was interested in the event of the suit , or unless the ver- dict in the cause , whichever way it may be found , could be given in evidence in any other action , in which he was . a party ...
Page 31
... reason can be given . ( Vid . 4 East , 582. ) Why every other case should have been brought to that test , and this alone form an ex- ception , is not explained , except upon the foundation of precedent . Yet the precedents are not so ...
... reason can be given . ( Vid . 4 East , 582. ) Why every other case should have been brought to that test , and this alone form an ex- ception , is not explained , except upon the foundation of precedent . Yet the precedents are not so ...
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Common terms and phrases
action admitted adverse possession affidavit ALBANY amount appear appraisers assumpsit attorney Bank bill bound cause certiorari charge chose in action circuit cited claim common common law contract conveyance costs counsel court court of equity covenant Cowen Curia damages debt declaration deed defendant defendant's demurrer denied doctrine endorsed entitled escape evidence execution fact fendant fraud granted ground held issue Jackson John judge judgment jury justice land lessor liable Lord Ellenborough ment motion New-York nonsuit notice objection opinion owner paid party payment person plaintiff plaintiff in error plea pleaded possession principal proceedings promise promissory note proof proved purchase question received recover refused render rent repairs replevin river rule sess set-off sheriff statute Stowbridge sufficient suit tenant term testator tiff tion trial UTICA verdict vessel warrant Warren Bank witness writ
Popular passages
Page 449 - ... holder and proprietor of such bill, and shall be entitled to recover, notwithstanding there may be on it one or more...
Page 291 - ... party was ready and offered to perform his part, and the other neglected or refused to perform his, he who was ready and offered has fulfilled his engagement, and may maintain an action for the default of the other...
Page 191 - ... one person being in fault will not dispense with another's using ordinary care for himself Two things must concur to support this action. An obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff.
Page 530 - ... every man for his passage pays a toll, which is a common charge, and every ferry ought to be under a public regulation, viz., that it give attendance at due times, keep a boat in due order, and take but reasonable toll; for if he fail in these he is finable.
Page 740 - Secondly, it was resolved, that when any deed is altered in a point material, by the plaintiff himself, or by any stranger, without the privity of the obligee, be it by interlineation, addition, rasing, or by drawing of a pen through a line, or through the midst of any material word, that the deed thereby becomes void : as if a bond is to be made to the Sheriff for appearance, &c.
Page 532 - But though the King is the owner of this great waste, and as a consequent of his propriety hath the primary right of fishing in the sea and the creeks and arms thereof; yet the common people of England have regularly a liberty of fishing in the sea or creeks or arms thereof, as a public common of piscary, and may not without ' injury to their right be restrained of it, unless in such places, creeks or navigable rivers, where either the King or some particular subject hath g-ained a propriety exclusive...
Page 684 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Page 669 - Insurance is a contract upon speculation. The special facts, upon which the contingent chance is to * be computed, lie most commonly in the knowledge of the insured only : the underwriter trusts to his representation, and proceeds upon confidence that he does not keep back any circumstance in his knowledge, to mislead the underwriter into a belief that the circumstance does not exist, and to induce him to estimate the risk as if it did not exist.
Page 534 - If a subject hath land adjoining the sea, and the violence of the sea swallow it up, but so that yet there be reasonable marks to continue the notice of it; or though the marks be defaced; yet if by situation and extent of quantity, and bounding upon the firm land, the same can be known, though the sea leave this land again, or it be by art or industry regained, the subject doth not lose his propriety; and accordingly it was held by Cooke and Foster, M. 7 Jac. CB, though the inundation continue forty...
Page 630 - And in case of any other insurance upon the property hereby insured, whether prior or subsequent to the date of this policy, the insured shall not in case of loss or damage be entitled to demand or recover on this policy any greater portion of the loss or damage sustained than the amount hereby insured shall bear to the whole amount insured on the said property.