Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volumen56Gould, Banks & Gould, 1870 |
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action affirmed aforesaid agent agreement alleged amount appear apply assessment assignment Aukin authority Barb bill carrier cause charge claim commissioners common law complaint consignee contract counsel county court court of equity coverture curtesy damages debt deceased deed defendant defendant's delivered dower Dunshee Dupasseur duty entitled equity evidence executed executor express trust fact favor fendant Fraser George Harrison guardian held Howlett husband injury intended interest intestacy Jefferson County judge judgment jury justice Lahens land laudanum liable Maseras ment Morgan mortgage Mullady Mullin N. Y. Rep negligence ONONDAGA GENERAL TERM owner paid party payment person plaintiff premises principle purchase question Railroad Company receipt received recover referee refused rule Smith sold statute sustained Syracuse taken taxes testator testimony thereof tiff tion trial trust usurious Utica verdict void wife witness York York Central Railroad
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Página 344 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Página 250 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been...
Página 643 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Página 304 - But there is nothing in our laws, or in the law of nations, that forbids our citizens from sending armed vessels, as well as munitions of war, to foreign ports for sale. It is a commercial adventure which no nation is bound to prohibit, and which only exposes the persons engaged in it to the penalty of confiscation.
Página 638 - ... an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Página 264 - A widow shall be endowed of the third part of all the lands whereof her husband was seized of an estate of inheritance, at any time during the marriage, unless the same shall have been relinquished in legal form.
Página 367 - Where there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing or property, referred to in the award.
Página 483 - ... there must be such an injury as from its nature is not susceptible of being adequately compensated by damages at law, or such as, from its continuance or permanent mischief, must occasion a constantly recurring grievance which cannot be otherwise prevented but by an injunction.
Página 370 - Court, when he is a suitor or defendant in such Court ; and the Court on motion shall issue process accordingly, which process shall not be stopped or delayed in its execution, by any order, rule, command, or process of any other Court, either of law or equity, unless it shall be made appear on oath to such Court, that the arbitrators or umpire misbehaved themselves, and that such award, arbitration, or umpirage was procured by corruption, or other undue means.
Página 224 - That no Insurance made or entered into in Ireland, in respect whereof any Duty is by this Act made payable, nor any Contract or Agreement for such Insurance as aforesaid, shall be pleaded or given in Evidence in any Court, or admitted in any Court to be good, useful, or available in Law or Equity...