Reports of Cases Argued and Determined in the Superior Court of the City of New York [1856-1863]: 1857/1858

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Del 9
166
Del 10
173
Del 11
188
Del 12
206
Del 13
230
Del 14
248
Del 15
355
Del 16
360
Del 17
365
Del 18
374
Del 19
381
Del 28
516
Del 29
524
Del 30
548
Del 31
579
Del 32
607
Del 33
661
Del 34
673
Del 35
684
Del 36
685
Del 37
694
Del 38
709

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Side 272 - The Court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the Court must cause them to be brought in.
Side 587 - Any fact, which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not avail himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence in himself or his agents, will justify an interference by a court of
Side 476 - that an executor or administrator, or 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; and, by
Side 702 - the defendant may set up in his answer may be 1st, " a cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action;
Side 476 - a trustee of an express trust, within the meaning of this section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another.
Side 702 - cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action;
Side 430 - from and after the first day of October, one thousand eight hundred and twenty-six, any person or persons intrusted with and in possession of any bill of lading, India warrant, dock warrant, warehouse-keeper's certificate, wharfinger's certificate, warrant, or order for delivery of goods, shall be deemed and taken to be the true owner or owners of the goods, wares, and merchandise
Side 33 - to be made, by the said Mayor, Aldermen and Commonalty, shall be construed as rightfully made to extend thereto; " and that all the provisions of the act entitled ' An Act to reduce several laws relating particularly to the City of New York,
Side 527 - 5. Where a husband shall purchase lands during coverture, and shall at the same time mortgage his estate in such lands to secure the payment of the purchase money, his widow shall not be entitled to dower out of such lands, as against the mortgagee or those claiming under him, although she shall not have united in such
Side 703 - What, then, is meant by the clause, which " in actions in which a contract is set forth in the complaint, as the foundation of the plaintiff's claim,

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