Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York
Banks & brothers, 1859
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acceptance action adjourned admission admitted affirmed agreed agreement alleged allowed amount answer appeal application assignment authority bank bill brought called cause charge claim Code complaint contract costs court damages defendant defendant's delivered delivery demand denied discharge district effect entered entitled entry evidence execution existed express fact finding freight give given granted ground held injury intention interest issue John judge judgment jury justice land landlord lease liable Marine Court ment motion necessary notice objection offered opinion owner paid party passed payment person plaintiff possession premises present proceedings proof proved question Railroad reason received recover referred refused rendered rent respondent reversed rule ship sold statute street subsequent sufficient suit sustained taken tenant term testimony tion trial vessel wages Wend whole witness York
Side 507 - Where a trust is created to receive the rents and profits of lands, and no valid direction for accumulation is given, the surplus of such rents and profits, beyond the sum that may be necessary for the education, and support of the person for whose benefit the trust is created...
Side 418 - If irrelevant or redundant matter be inserted in a pleading, it may be stricken out, on motion of any person aggrieved thereby. And when the allegations of a pleading are so indefinite or uncertain that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain, by amendment.
Side 418 - The forms of pleading in civil actions, and the rules by which the sufficiency of the pleadings is to be determined, are those prescribed in this code.
Side 584 - The term corporations, as used in this article, shall be construed to include all associations and joint-stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons.
Side 63 - That if a suit be commenced in any state court against an alien, or by a citizen of the State in which the suit is brought against a citizen of another State...
Side 620 - No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby.
Side 327 - A rent is something given by way of retribution to the lessor, for the land demised by him to the tenant, and consequently the lessor's title to the rent is founded upon this : that the land demised, is enjoyed by the tenant during the term included in the contract ; for the tenant can make no return for a thing he has not. If, therefore, the tenant be deprived of the thing letten, the obligation to pay the rent ceases, because such obligation has its force only from the consideration, which was...
Side 63 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state.