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Reports of Cases in Law and Equity in the Supreme Court of the State of New York
Oliver Lorenzo Barbour
Uten tilgangsbegrensning - 1860
action agent agreement alleged amount appear applied assessment assignment assignor authority bank Barb cause of action charge charter claim commissioners common council common law common pleas complaint contract convey conveyance corporation counsel court court of equity creditors damages debt deed defendant defendant's demand Draper entitled equitable lien equity evidence execution executors fact feme covert fendant Gaul held interest issued John judge judgment jury justice land legislature letters testamentary liable lien loan ment mortgage nonsuit objection opinion owner paid parties payment person plaintiff Plank Road possession premises proceedings promissory note proved purchase purpose question rail road real estate received recover referred rendered Selden separate estate sheriff Sill sold statute statute of limitations Steuben county subscribed suit superintendent term testator thereof tion town trial trustees usury verdict void Wend wife witness
Side 510 - 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...
Side 308 - 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...
Side 512 - The general principle upon which it depends, appears to be that, where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer, yet, if the issue joined be such as necessarily required, on the trial, proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given, the verdict, such...
Side 561 - Any married female may take by inheritance, or by gift, grant, devise or bequest from any person other than her husband, and hold to her sole and separate use, and convey and devise real and personal property, and any interest or estate therein, and the rents, issues and profits thereof, in the same manner and with like effect as if she were unmarried, and the same shall not be subject to the disposal of her husband nor be liable for his debts.
Side 98 - That when the identical thing delivered is to be restored, though in an altered form, the contract is one of bailment, and the title to the property is not changed; but when there is no obligation to restore the specific article, and the receiver is at liberty to return another thing of equal value, he becomes a debtor to make the return, and the title to the property is changed, — it is a sale.
Side 515 - York of 1828, chap. 18, tit. 3, it was enacted that "the charter of every corporation that shall hereafter be granted by the legislature shall be subject to alteration, suspension, and repeal, in the discretion of the legislature.
Side 288 - ... determined cases seem to go thus far, that the general engagement of the wife shall operate upon her personal property, shall apply to the rents and profits of her real estate, and that her trustees shall be obliged to apply personal estate, and rents and profits when they arise, to the satisfaction of such general engagement...
Side 420 - A man, in digging upon his own land, is to have regard to the position of his neighbor's land, and the probable consequences to his neighbor, if he digs too near his line; and if he disturbs the natural state of the soil, he shall answer in damages; but he is answerable only for the natural and necessary consequences of his act, and not for the value of a house put upon or near the line by his neighbor.