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 86
Page 2
... plaintiff upon a stock of groceries , etc. , at Elmira , running for one year . On the 23d of December , 1866 , the stock was destroyed by fire . On the 25th of March , 1867 , the plaintiff , who is a citizen of the State of New York ...
... plaintiff upon a stock of groceries , etc. , at Elmira , running for one year . On the 23d of December , 1866 , the stock was destroyed by fire . On the 25th of March , 1867 , the plaintiff , who is a citizen of the State of New York ...
Page 3
... plaintiff cannot recover . " The court declined so to charge the jury , upon the ground that the proposition ignores the question of the mutual mis- take of fact , and the defendant's counsel duly excepted . The defendant's counsel then ...
... plaintiff cannot recover . " The court declined so to charge the jury , upon the ground that the proposition ignores the question of the mutual mis- take of fact , and the defendant's counsel duly excepted . The defendant's counsel then ...
Page 6
... plaintiff was a citizen of this State , but no legal presumption arises from this fact , that he was a citizen at ... plaintiff claiming title by assignment , to the claim upon which the action was founded . The defendant pleaded to the ...
... plaintiff was a citizen of this State , but no legal presumption arises from this fact , that he was a citizen at ... plaintiff claiming title by assignment , to the claim upon which the action was founded . The defendant pleaded to the ...
Page 7
... plaintiff had been surrendered , the plaintiff was estopped and could not recover . This instruction was refused and the defendant excepted . It is not controverted , that up to the time the receipt was given , the contract of insurance ...
... plaintiff had been surrendered , the plaintiff was estopped and could not recover . This instruction was refused and the defendant excepted . It is not controverted , that up to the time the receipt was given , the contract of insurance ...
Page 8
... plaintiff , in executing an instrument purporting to cancel the contract of insurance , induced , in part at least ... plaintiff and Brown , or that the plain- tiff did not act in good faith . The defendant may have reason to complain of ...
... plaintiff , in executing an instrument purporting to cancel the contract of insurance , induced , in part at least ... plaintiff and Brown , or that the plain- tiff did not act in good faith . The defendant may have reason to complain of ...
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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...