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Reports of Cases Argued and Determined in the Superior Court of ..., Volum 15
Joseph S. Bosworth
Uten tilgangsbegrensning - 1859
Reports of Cases Argued and Determined in the Superior Court of ..., Volum 19
Joseph S. Bosworth
Uten tilgangsbegrensning - 1862
affirmed agent agreement alleged amendment amount answer appeal assignment assignors authority Bank Barb bill bill of lading bond Bosw Bosw.—Vol Bosworth building cause of action certificate charge City claim Code complaint contract costs counsel Court Court of equity covenant creditors damages debt defendant defendant's delay delivery denied Duer el al entitled eviction evidence execution fact favor firm freight Golden's Bridge held illegal indorser Insurance Company interest Josiah Lee Judge judgment Jury Justice liable lien matter Mayor ment mortgage motion Mutual Insurance notice objection owner paid partnership party wall payment persons plaintiff possession premises proof prove purchase question reason received recover Referee reference refused Robertson Sheriff Special Term statute Sturges suit tenant testified testimony therein Third Avenue Railroad tiffs tion trial unlawful unlawful assembly usury verdict vessel Wend witness York
Side 497 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Side 128 - The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Side 262 - ... and also shall and will find and provide such good, proper and sufficient materials, of all kinds whatsoever, as shall be proper and...
Side 406 - Property held in trust, or on commission, must be insured as such, otherwise the policy will not cover such property...
Side 583 - In pleading a judgment or other determination of a court or officer of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made.
Side 197 - That no man has a right to sell his own goods as the goods of another. You may express the same principle in a different form, and say that no man has a right to dress himself in colors, or adopt and bear symbols, to which he has no peculiar or exclusive right, and thereby personate another person for the purpose of inducing the public to suppose, either that he is the other person, or that he is connected with and selling the manufacture of such other person, while he is really selling his own....
Side 221 - ... may be directed to hear and decide the whole issue, or to report upon any specific question of fact involved therein ; or, 2. Where the taking of an account shall be necessary for the information of the court, before judgment, or for carrying a judgment or order into effect ; or, 3.
Side 426 - And the said party of the second part covenants to pay to the said party of the first part the said rent as herein specified and that at the expiration of the said term the said party of the second part will quit and surrender the premises in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted...
Side 599 - The court before which an action is pending, or a judge or justice thereof, may in their discretion, and upon due notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of any books, papers and documents in his possession, or under his control, containing evidence relating to the merits of the action, or the defence therein. If compliance with the order be refused, the court, on motion, may exclude the paper from being given...