Reports of Cases Argued and Determined in the Supreme Court: And in the Court for the Trial of Impeachments and the Correction of Errors, of the State of New York, Volume 4Wm. & A. Gould, 1836 - Law reports, digests, etc |
Other editions - View all
Common terms and phrases
action admitted affidavit aforesaid agent ALBANY answer appear application assignment assumpsit attorney bill bond canvassers cause certiorari Chancellor charter party cited claim Colden contract costs counsel Court Court of Chancery Court of Equity Cowen's Rep creditors Curia damages debt declaration decree deed defendant defendant's delivered demurrer denied ejectment election entitled equity error evidence execution executor fact fendant filed fraud granted ground held inspectors issue Jackson John Judge judgment June and July jury Justice land lex domicilii lex fori lien ment mortgage motion NEW-YORK notice objection overruled owner paid party payment person plaintiff plaintiff in error pleaded possession premises premium proceedings purchase question quo warranto received recover respondents rule Schenectady sheriff sheriff's sale shew sold statute suit term tion town of Niskayuna trial UTICA verdict votes warrant witness WOODWORTH writ
Popular passages
Page 538 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 416 - The fourth section of the statute of frauds (a) enacts, that no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages, of another person...
Page 509 - that the laws of the several states, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.
Page 538 - It is not the recovery, but the matter alleged by the party, and upon which the recovery proceeds, which creates the estoppel. The recovery of itself in an action of trespass is only a bar to the future recovery of damages for the same injury ; but the estoppel precludes parties and privies from contending to the contrary of that point or matter of fact, which, having been once distinctly put in issue by them, or by those to whom they are privy in estate or law, has been, on such issue joined, solemnly...
Page 495 - It is a clear proposition, not only of the law of England, but of every country in the world, where law has the semblance of science, that personal property has no locality. The meaning of that is, not that personal property has no visible locality, but that it is subject to that law which governs the person of the owner. With respect to the disposition of it, with respect to the transmission of it, either by succession or the act of the party, it follows the law of the person.
Page 421 - In all these cases," hy observed, referring to those which fall within the third class, "'founded on a new and original consideration of benefit to the defendant or harm to the plaintiff, moving to the party making the promise, either from the plaintiff or original debtor, the subsisting liability of the original debtor is no objection to a recovery.
Page 713 - This doctrine as to purchases by trustees, assignees, and persons having a confidential character, stands much more upon general principle than upon the circumstances of any individual case. It rests upon this — that the purchase is not permitted in any case, however honest the circumstances ; the general interests of justice requiring it to be destroyed, in every instance, as no Court is equal to the examination and ascertainment of the truth in much the greater number of cases.
Page 107 - ... proceed forthwith, and in a summary way, to hear the affidavits, proofs, and allegations of the parties, or otherwise inquire into the matters or causes of complaint, and thereupon...
Page 91 - ... a body corporate and politic, in fact and in name, by the name of "The Society of the Lying-in Hospital of the City of New York...
Page 460 - A person may be owner for the voyage, who, by a contract with the general owner, hires the ship for the voyage, and has the exclusive possession, command, and navigation of the ship.