Reports of Cases Argued and Determined in the Superior Court of the City of New York: 1866/1868


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Side 631 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Side 69 - ... to be heard in the first instance at the general term, and the judgment in the meantime suspended; and in that case they must be there heard in the first instance, and judgment there given.
Side 541 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Side 97 - ... or other game or games whatsoever, or by betting on the sides or hands of such as do game...
Side 547 - ... for the frauds, deceits, concealments, misrepresentations, torts, negligences, and other malfeasances, or misfeasances, and omissions of duty, of his agent in the course of his employment, although the principal did not authorize, or justify, or participate in, or indeed know of such misconduct, or even if he forbade the acts or disapproved of them.
Side 543 - If two ships under steam are meeting end on or nearly end on so as to involve risk of collision, the helms of both shall be put to port so that each may pass on the port side of the other.
Side 543 - When two steam- vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass on the port side of the other.
Side 221 - 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 28 - ... void as against the creditors of the vendor or assignor, or subsequent purchasers in good faith unless those claiming under such sale or assignment make it appear that the same was made in good faith and without any intent to hinder, delay, or defraud such creditors or purchasers.
Side 618 - The plaintiff, within ten days thereafter, may serve upon the sheriff a notice that he does not accept the bail, or he shall be deemed to have accepted them, and the sheriff shall be exonerated from liability. If no notice be served within ten days, the original undertaking shall be filed with the clerk of the court.

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