Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Volum 39


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Side 207 - ... full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation; hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do, or cause to be done, by virtue hereof.
Side 219 - Whenever, however, the relations between the contracting parties appear to be of such a character as to render it certain that they do not deal on terms of equality but that either on the one side from superior knowledge of the matter derived from a fiduciary relation, or from overmastering influence. or on the other from weakness, dependence, or trust justifiably reposed, unfair advantage in a transaction is rendered probable...
Side 448 - 2. The State of New York shall have the exclusive jurisdiction of and over the wharves, docks and improvements made and to...
Side 182 - It is an established rule of this court that it is not open to any party to question the orders of this court, or any process issued under the authority of this court, by disobedience. I know of no act which this court may do which may not be questioned in a proper form and on a proper application; but I am of opinion that it is not competent for any one ... to disobey an injunction, or any other order of the court, on the ground that such orders were made improvidently.
Side 561 - If a Party, acting in ignorance of a plain and settled principle of Law, is induced to give up a portion of his indisputable Property to another under the name of Compromise, a. Court of Equity will relieve him from the effect of his mistake.
Side 543 - It is not every concealment, even of facts material to the interest of a party, which will entitle him to the interposition of a Court of Equity. The case must amount to the suppression of facts which one party under the circumstances is bound in conscience and duty to disclose to the other party, and in respect to which he cannot innocently be silent.
Side 172 - Immediate delivery and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees In good faith...
Side 131 - But the true principle requires something more than a mere designation by such characteristics as will serve to classify...
Side 174 - When there are two acts on the same subject the rule is to give effect to both if possible. But if the two are repugnant in any of their provisions, the latter act, without any repealing clause, operates to the extent of the repugnancy as a repeal of the first...
Side 287 - ... to the factum of residence there must be added the animus manendi ; and that place is the domicile of a person in which he has voluntarily fixed his habitation, not for a mere temporary or special purpose, but with a present intention of making it his home, unless or until something which is uncertain or unexpected shall happen to induce him to adopt some other permanent home.

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