Reports of Cases Decided in the Court of Appeals of the State of New York: 1871, 46. köideBanks & Brothers, 1872 |
From inside the book
Results 1-5 of 88
Page xviii
... of page , should be " given . " In the syllabus to Davis v . Lottich , page 393 , the word " his , " in the eleventh line from the bottom of page , should be " no . " CASES DETERMINED IN THE COURT OF APPEALS OF THE STATE.
... of page , should be " given . " In the syllabus to Davis v . Lottich , page 393 , the word " his , " in the eleventh line from the bottom of page , should be " no . " CASES DETERMINED IN THE COURT OF APPEALS OF THE STATE.
Page 1
... DETERMINED IN THE COURT OF APPEALS OF THE STATE OF NEW YORK , AT THE SEPTEMBER TERM , A. D. 1871 . DELOS L. HOLDEN , Respondent , v . THE PUTNAM FIRE INSURANCE COMPANY , Appellant . The mandate of the act of congress of 1789 , that ...
... DETERMINED IN THE COURT OF APPEALS OF THE STATE OF NEW YORK , AT THE SEPTEMBER TERM , A. D. 1871 . DELOS L. HOLDEN , Respondent , v . THE PUTNAM FIRE INSURANCE COMPANY , Appellant . The mandate of the act of congress of 1789 , that ...
Page 5
... determined its jurisdiction , and entitled the defendant to have the cause transferred to the Circuit Court of the United States . The only proof of the citizenship of the plaintiff , made upon the application , is found in the petition ...
... determined its jurisdiction , and entitled the defendant to have the cause transferred to the Circuit Court of the United States . The only proof of the citizenship of the plaintiff , made upon the application , is found in the petition ...
Page 11
... determine which version is correct , as the proper mode of trying the question is by action , and it may depend upon other facts than those appear- ing before us . It is sufficient to say , that the legal right in favor of the plaintiff ...
... determine which version is correct , as the proper mode of trying the question is by action , and it may depend upon other facts than those appear- ing before us . It is sufficient to say , that the legal right in favor of the plaintiff ...
Page 21
... determine the question , while DAVIS , J. , held that although the court could exercise jurisdiction independently of the statute , the general rules of equity required that the legal remedies should be exhausted . The decision in both ...
... determine the question , while DAVIS , J. , held that although the court could exercise jurisdiction independently of the statute , the general rules of equity required that the legal remedies should be exhausted . The decision in both ...
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Common terms and phrases
action adverse possession agent agreement alleged ALLEN amount APPEAL from judgment assessment assignment authority Bank Barb bill Buffalo Cattaraugus county charge charter CHURCH claimed concur contract conveyance conveyed corporation counsel courts of equity creditors Croton aqueduct debt decided September deed defendant defendant's Denio discharge election entitled equity evidence execution fact favor Florence Mills FOLGER fraud granted GROVER held Hill interest Johns judge judgment entered judicial district jurisdiction jury land lease legislature liable Lockport ment mortgage negligence Niagara Falls Opinion owner paid Paige parties payment PECKHAM petition plaintiff possession premises proceedings provision purchase purpose question RAPALLO real estate received recover referee remedy respondent Reuben Ross reversed rule Seld SICKELS-VOL Smith Special Term Statement statute stockholders Supreme Court sustained testator thereof tiff tion town trial trust usury Wend York
Popular passages
Page 635 - In any manner relating thereto, shall hereafter be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent thereunto authorized by writing.
Page 518 - Every proprietor of lands on the banks of a river has naturally an equal right to the use of the water which flows in the stream adjacent to his lands as it was wont to run (currere solebat) without diminution or alteration.
Page 290 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 162 - To constitute a conversion of real estate into personal, in the absence of an actual sale, it must be made the duty of, and obligatory upon, the trustees to sell it in any event. Such conversion rests upon the principle that equity considers that as done which ought to have been done. A mere discretionary power of selling produces no such result.
Page 16 - That a discharge duly granted under this act shall, with the exceptions aforesaid, release the bankrupt from all debts, claims, liabilities, and demands which were or might have been proved against his estate in bankruptcy...
Page 592 - Any corporation formed under this act may purchase mines, manufactories or other property necessary for its business, or the stock of any company or companies owning, mining, manufacturing or producing materials or other property necessary for its business, and issue stock to the amount of the value thereof in payment therefor...
Page 519 - ... the common right. The diminution, retardation or acceleration, not positively and sensibly injurious, by diminishing the value of the common right, is an implied element in the right of using the stream at all.
Page 81 - Here was no fraud; no wrong. It was incumbent upon the plaintiff to be satisfied "that the bill drawn upon him was the drawer's hand," before he accepted or paid it; but it was not incumbent upon the defendant to inquire into it.
Page 435 - The proper meaning of a privileged communication is only this ; that the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the Plaintiff, and puts it upon him to prove that there was malice in fact — that the Defendant was actuated by motives of personal spite or ill-will, independent of the occasion on which the communication was made.
Page 655 - ... fully and entirely, and without change or diminution, as the same were before held and enjoyed...