Reports of Cases Decided in the Court of Appeals of the State of New York, Volum 26
New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Edmund Hamilton Smith, Hiram Edward Sickels, Louis J. Rezzemini, Edwin Augustus Bedell, James Newton Fiero, Alvah S. Newcomb
Lawyers Co-operative Publishing Company, 1867
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action affirmed alleged amount appeal applied assessment assignment authority Bank bill charge charter claim common law complaint contract conviction corporation covenant damages debts deceased decision deed defendant defendant's counsel directors duty effect entitled error estopped evidence execution facts fulling mill granted grantor ground heirs held indictment Insurance Company intent interest intestate issue judge judgment jury Klotwig land legislature liable loss Ludlam ment Metropolitan Police District mortgage nonsuit notice objection opinion owner Oyer and Terminer paid parties Patchin payment plaintiff plaintiff in error premises premium prisoner proceedings proved provisions purchase question real estate received recover referred refused rent repeal Requa reversed rule sheriff Sixth Avenue Railroad Smith.—Vol Stephen Van Rensselaer stockholders suit Supreme Court surety surrogate term testator thereof tiff tion trial valid verdict vessel void warrant writ York York Central Railroad
Side 504 - ... the lessees or occupants of any building, which shall, without any fault or neglect on their part, be destroyed or be so injured by the elements or any other cause as to be untenantable and unfit for occupancy, shall not be liable or bound to pay rent to the lessors or owners thereof, after such destruction or injury, unless otherwise expressly provided by written agreement or covenant; and the lessees or occupants may thereupon quit and surrender possession of the leasehold premises, and of...
Side 617 - An express promise, therefore, as it should seem, can only revive a precedent good consideration which might have been enforced at law through the medium of an implied promise had it not been suspended by some positive rule of law, but can give no original right of action if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.
Side 198 - An instrument or writing, being or purporting to be the act of another...
Side 440 - No will shall be allowed to be proved as a lost or destroyed will, unless the same shall be proved to have been in existence at the time of the death of the testator, or be shown to have been fraudulently destroyed in the lifetime of the testator, nor unless its provisions shall be clearly and distinctly proved by at least two credible witnesses.
Side 504 - But when a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident or inevitable necessity, because he might have provided against it by his contract.
Side 376 - Federal courts, declares that "the better opinion would seem to be, that a citizen cannot renounce his allegiance to the United States without the permission of government to be declared by law; and that, as there is no existing legislative regulation on the case, the rule of the English common law remains unaltered.
Side 504 - Where any building, which is leased or occupied, is destroyed or so injured by the elements, or any other cause as to be untenantable, and unfit for occupancy, and no express agreement to the contrary has been made in writing, the lessee or occupant may, if the destruction or injury occurred without his fault or neglect, quit and surrender possession of the leasehold premises...
Side 504 - And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.