Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volumen15 |
Dentro del libro
Resultados 1-5 de 81
Página 15
... lien - equitable power of the court to cancel such a mortgage discharged by novation . A surety is entitled to the strictest construction of his contract , and is dis- charged by any substantial change in its terms , whether injurious ...
... lien - equitable power of the court to cancel such a mortgage discharged by novation . A surety is entitled to the strictest construction of his contract , and is dis- charged by any substantial change in its terms , whether injurious ...
Página 16
... lien or incumbrance " upon said property ; That the court had equitable jurisdiction , apart from the statute , to cancel a mortgage given under the circumstances alleged in the complaint , when the novation of the contract had worked a ...
... lien or incumbrance " upon said property ; That the court had equitable jurisdiction , apart from the statute , to cancel a mortgage given under the circumstances alleged in the complaint , when the novation of the contract had worked a ...
Página 24
... lien or incumbrance thereupon . " * Section 1641 provides that " the defendant may , in his answer , set forth facts showing that he has an * * * * * interest * * in or lien or incumbrance upon said property , and thereupon he may ...
... lien or incumbrance thereupon . " * Section 1641 provides that " the defendant may , in his answer , set forth facts showing that he has an * * * * * interest * * in or lien or incumbrance upon said property , and thereupon he may ...
Página 25
... lien or incumbrance on real estate . These sections seem to override the previous authorities cited by him , or any ... lien or incumbrance created by any person who claims a title adverse to the plaintiff . " The words of section 1638 ...
... lien or incumbrance on real estate . These sections seem to override the previous authorities cited by him , or any ... lien or incumbrance created by any person who claims a title adverse to the plaintiff . " The words of section 1638 ...
Página 26
... lien or incumbrance on the property ; and this reasoning is for- tified by the other sections referred to , especially as section 1642 in or a lien says : " If the defendant claims an interest * * * or incumbrance upon said property the ...
... lien or incumbrance on the property ; and this reasoning is for- tified by the other sections referred to , especially as section 1642 in or a lien says : " If the defendant claims an interest * * * or incumbrance upon said property the ...
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Términos y frases comunes
abide the event agreement alleged amended amount appellant application appointment APRIL TERM assessment assignment authority bank cause of action charge Civil Procedure claim clerk commissioners complaint concurred construction contract contractor corporation costs and disbursements costs to abide Court in favor court of equity covenant creditors damages defendant defendant's demurrer denied DIV.-VOL dollars costs duty election entered entitled equity Evansville evidence ex rel executed executors fact filed firm furnished held Impleaded injury interest judgment jury Kings County liability lien MARCH TERM ment mortgage motion negligence notice owner paid parties payment person plaintiff premises proceedings proof question Railroad Company received recover referred respondent reversed SECOND DEPARTMENT Special Term statute street Supreme Court sureties testator testimony thereof THIRD DEPARTMENT tiff tion trustees Ulster County verdict York YORK ex rel
Pasajes populares
Página 547 - No member of the Legislature shall receive any civil appointment within this State, or the Senate of the United States, from the Governor, the Governor and Senate, or from the Legislature, or from any city government, during the time for which he shall have been elected ; and all such appointments and all votes given for any such member for any such office or appointment shall be void.
Página 18 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract.
Página 88 - The militia shall be organized and divided into such land and naval, and active and reserve forces as the Legislature may deem proper, provided however that there shall be maintained at all times a force of not less than ten thousand enlisted men, fully uniformed, armed, equipped, disciplined and ready for active service. And it shall be the duty of the Legislature at each session to make sufficient appropriations for the maintenance thereof.
Página 91 - In the first place, the people, in framing the Constitution, committed to the legislature the whole law-making power of the State, which they did not expressly or impliedly withhold. Plenary power in the legislature for all purposes of civil government is the rule. A prohibition to exercise a particular power is an exception.
Página 197 - But no law shall ^ -authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Página 233 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
Página 176 - ... to the people of the state of New York in the penal sum of twenty-five thousand dollars, conditioned for the faithful...
Página 327 - ... commenced within one year after the cause of action therefor shall have accrued...
Página 198 - No street surface railroad corporation shall construct, extend or operate its road or tracks in that portion of any street, avenue, road or highway, in which a street surface railroad is or shall be lawfully constructed, except...
Página 603 - Each side was entitled to go to the jury upon the question of the genuineness of the writing upon which the prosecution relied to establish the guilt of the accused.