Transcript Appeals: The File of Opinions in Cases Argued Before the Court of Appeals of the State of New York During the January Term 1867 from Official Copies, Հատորներ 1-2Transcript Association, 1868 |
From inside the book
Արդյունքներ 76–ի 1-ից 5-ը:
Էջ 10
... offered to prove , and all they offered to prove . The case states that the evidence was rejected on the sole ground that in an action by the State to recover money , no counter - claim or set - off can be allowed , Opinion by GROVER ...
... offered to prove , and all they offered to prove . The case states that the evidence was rejected on the sole ground that in an action by the State to recover money , no counter - claim or set - off can be allowed , Opinion by GROVER ...
Էջ 11
... offered and rejected , in no possible view had a tendency to show any counter - claim by the bank against the State , its rejection was proper , and it was wholly imma- terial to the Defendants upon what ground it was based . This ...
... offered and rejected , in no possible view had a tendency to show any counter - claim by the bank against the State , its rejection was proper , and it was wholly imma- terial to the Defendants upon what ground it was based . This ...
Էջ 12
... offered to prove the fol- lowing facts : First . That the State was and is indebted to the Bank of Sing Sing in the sum of $ 17,372.27 , with interest from Decem- ber 22 , 1854. Second . That the Bank of Sing Sing is insolvent . Third ...
... offered to prove the fol- lowing facts : First . That the State was and is indebted to the Bank of Sing Sing in the sum of $ 17,372.27 , with interest from Decem- ber 22 , 1854. Second . That the Bank of Sing Sing is insolvent . Third ...
Էջ 13
... offered by the Defendants did not establish a technical set - off . It failed in the indispensable qualification of not being a " demand due to the Defendants in their own right . " ( 2 R. S. 353 , 366. ) It was in form , as asserted ...
... offered by the Defendants did not establish a technical set - off . It failed in the indispensable qualification of not being a " demand due to the Defendants in their own right . " ( 2 R. S. 353 , 366. ) It was in form , as asserted ...
Էջ 14
... offered . See , also , Gillespie v . Torrance , 25 N. Y. 306 ; Code , § 150 , last clause , as to the form of the defence . Had the parties to this action been individuals , instead of the State being Plaintiffs , upon the doctrine ...
... offered . See , also , Gillespie v . Torrance , 25 N. Y. 306 ; Code , § 150 , last clause , as to the form of the defence . Had the parties to this action been individuals , instead of the State being Plaintiffs , upon the doctrine ...
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Common terms and phrases
action affirmed agent agreement alleged amount appeal applied assessed assigned attesting authority bank Birch & Co bond bottomry Brewster certificate Ch.J charge claim clause commissioners complaint concur contract costs counsel damages debt deceased declared Defendant Defendant's discharge dollars duty easement endorsed entitled error evidence execution executors fact favor held interest issued JOEL TIFFANY judge judgment jury land liable ment mortgage negligence nonsuit notice Opinion by BOCKES Opinion by DAVIES Opinion by GROVER Opinion by HUNT Opinion by PARKER Opinion by SCRUGHAM owner paid party payment pilotage Plaintiff Plaintiff in error possession premises present principal prisoner proceedings provision purchase question received recover referee refused rendered replevin Reporter Respondent reversed Special Term statute street Supreme Court sureties testator therein thereof tion trial trust usury verdict vessel void Wend witness York
Սիրված հատվածներ
Էջ 79 - For wrongs done to the property, rights or interests of another, for which an action might be maintained against the wrong-doer, such action may be brought by the person injured, or after his death, by his executors or administrators...
Էջ 268 - ... of notice of acceptance, and the clerk must thereupon enter judgment accordingly. If the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence; and if the plaintiff fail to obtain a more favorable judgment he cannot recover costs, but must pay the defendant's costs from the time of the offer...
Էջ 69 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Էջ 174 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Էջ 9 - When the judgment is of death, the court of appeals may order a new trial, If it be satisfied that the verdict was against the weight of evidence or against law, or that justice requires a new trial, whether any exception shall have been taken or not in the court below.
Էջ 228 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.
Էջ 123 - The stockholders of every bank or banking association organized under the authority of this state, or of the United States, shall be assessed and taxed on the value of their shares of stock therein...
Էջ 120 - all moneyed or stock corporations deriving an income or profit from their capital, or otherwise, shall be liable to taxation on their capital in the manner hereinafter prescribed.
Էջ 19 - Such subscription shall be made by the testator, in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been so made, to each of the attesting witnesses.
Էջ 381 - The testator, at the time of making such subscription, or at the time of acknowledging the same, shall declare the instrument so subscribed, to be his last will and testament : 4.