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 affirmed agreed agreement alleged allowed amount answer appeal application assignment authority bank bill brought called cause charge claim Code common complaint consideration contract corporation costs court creditors damages defendant defendant's delivered delivery demand denied discharge district effect entered entitled evidence execution existed facts finding freight give given granted ground held injury intention interest issue John judge judgment jury justice land landlord lease liable Marine Mayor ment motion necessary notice objection offered officers opinion owner paid party payment person plaintiff possession premises present proceedings proof proved question Railroad reason received recover referred refused rendered rent respect respondent reversed rule ship sold statute street sufficient suit sustained taken tenant term testimony tion trial vessel wages Wend whole witness York
Side 506 - 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 274 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Side 122 - 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; 2.
Side 187 - ... be found to make such service, in which case such service may be made by publication, or in such other manner as the court shall direct. Such leave shall not be given unless it be established by the oath of the party...
Side 417 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Side 62 - 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 273 - The invariable rule of construction in respect to the repealing of statutes by implication is that the earliest Act remains in force, unless the two are manifestly inconsistent with and repugnant to each other; or unless in the latest Act some express notice is taken of the former, plainly indicating an intention to abrogate it.
Side 331 - Such counterclaim arose out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, and is connected with the subject of the action, within the meaning of the statute, especially as the plaintiff is a nonresident.
Side 417 - 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.