Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volum 57 |
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Side 30
... agreement . The original fraud had been released by the compromise agreement , and to recover upon that fraud it was necessary to get rid of the effect of the com- promise agreement and release , and to do this it became necessary to ...
... agreement . The original fraud had been released by the compromise agreement , and to recover upon that fraud it was necessary to get rid of the effect of the com- promise agreement and release , and to do this it became necessary to ...
Side 32
... agreement and release were perfect answers to the action upon their face . This is too plain to ad- mit of argument . ( 2 ) The effect of these papers could only properly have been destroyed by allega- tions in the complaint , and proof ...
... agreement and release were perfect answers to the action upon their face . This is too plain to ad- mit of argument . ( 2 ) The effect of these papers could only properly have been destroyed by allega- tions in the complaint , and proof ...
Side 33
... agreement which was set up in the de- fence by defendant , was made , and that the plaintiff was induced to enter into it by the fraud of the de- fendant . But it decided that the plaintiff could not recover solely because he did not ...
... agreement which was set up in the de- fence by defendant , was made , and that the plaintiff was induced to enter into it by the fraud of the de- fendant . But it decided that the plaintiff could not recover solely because he did not ...
Side 34
... agreement was made between the parties , that as part thereof the plaintiff executed , under his hand and seal , and delivered to the defendant the release referred to , and that in consideration therefor the plaintiff received from the ...
... agreement was made between the parties , that as part thereof the plaintiff executed , under his hand and seal , and delivered to the defendant the release referred to , and that in consideration therefor the plaintiff received from the ...
Side 35
... agreement . Gould v . Cayuga Co. , National Bank , 99 N. Y. 333 . But that is not plaintiff's action . The present action was brought upon the fraud in the original transaction . But that fraud had been wiped out by the compromise agreement ...
... agreement . Gould v . Cayuga Co. , National Bank , 99 N. Y. 333 . But that is not plaintiff's action . The present action was brought upon the fraud in the original transaction . But that fraud had been wiped out by the compromise agreement ...
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adjudged affirmed with costs aforesaid alleged amount answer appellant Appellant's points argued assignment attorney authority Barb bond cause of action charge Civil Procedure claim Code Cohu complaint concurred contract conveyed corporation counsel court of equity COURT.-SEDGWICK creditors damages deed defendant defendant's demurrer Dutch easement electrical conductors elevated railway entitled equity evidence executed facts favor fee simple fendant foreclosure fraud FREEDMAN granted ground held INGRAHAM injunction insurable interest issue John judgment entered June 28 jurisdiction jury land lease matter Mayor ment mortgage motion negligence O'GORMAN Opinion owner paid parties payment plaint plaintiff pleadings possession premises proceedings proof question railroad railway Rapallo reason received recover referred refused relief request respondent Respondent's points Roach rule security for costs SEDGWICK special term Statement statute stockholders street Super sustained testimony tion trial judge TRUAX trust verdict witness York
Populære avsnitt
Side 11 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, 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. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Side 434 - ... an error, in the admission or exclusion of evidence, or in any other ruling or direction of the judge, upon the trial, may, in the discretion of the court which reviews it. be disregarded, if that court is of opinion, that substantial justice does not require that a new trial should be granted.
Side 52 - Bronx in said city, in the office of the register of the city and county of New York.
Side 6 - But it must appear, upon the face of the complaint, that all the causes of action, so united, belong to one of the foregoing subdivisions of this section...
Side 481 - ... it shall be the duty of the prothonotary of any court of record within this commonwealth, on the application of any person being the original holder [or assignee of such holder] of a note, bond, or other instrument of writing in which judgment is confessed, or containing a warrant for an attorney at law or other person to confess judgment, to enter judgment against the person or persons who executed the same for the amount which, from the face of the instrument, may appear to be due...
Side 515 - A person seized of an estate in remainder or reversion, may maintain an action founded upon an injury done to the inheritance, notwithstanding any intervening estate for life or for years.
Side 102 - Court, that taking a note, either of the debtor or of a third person, for a pre-existing debt, is no payment, unless it be expressly agreed to take the note as payment, and to run the risk of its being paid; or unless the creditor parts with the note, or is guilty of laches in not presenting it for payment in due time.
Side 523 - The mistake which will warrant a court of equity to reform a contract in writing must be one made by both parties to the agreement, so that the intentions of neither are expressed in it ; or it must be the mistake of one party, by which his intentions have failed of correct expression, and there must be fraud in the other party in taking advantage of that mistake and obtaining a contract with the knowledge that the one dealing with him is in error in regard to what are its terms.
Side 487 - The fact that the Court had jurisdiction of the subject matter, and of the person of the defendant, is sufficient to establish the validity of the judgment until reversed or set aside.
Side 57 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another ; therefore it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree.