Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volume 52Diossy, 1886 - Law reports, digests, etc |
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Common terms and phrases
affirmed agent agreement alleged amount Appeal Appellant's points assignment assignor attorney authority Bank Barb bills of lading cause of action certificate charge claim Code complaint concurred contract contributory negligence corporation costs counsel for appellant county judge court of equity creditors damages Decided December Decided June defendant defendant's delivered demurrer denied dismissed easement entitled evidence execution executor facts favor fraud George W held INGRAHAM injunction injury interpleader issue judgment entered jury jury trial lease letter of credit liable manila hemp Mayor ment mortgage motion negligence notice nuisance O'GORMAN Opinion owner paid parties payment person plaint plaintiff pleaded possession premises proof purchase question recover referred refused Respondent's points SEDGWICK special term Statement statute street sufficient Super sustained tender testator thereof tion trial ultra vires VAN VORST verdict Wend York
Popular passages
Page 393 - To exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt...
Page 469 - In each of the following actions, an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is directed : 1. An action in which the complaint demands judgment for a sum of money only. 2. An action of ejectment ; for dower ; for waste ; for a nuisance ; or to recover a chattel.
Page 245 - Every contract for the leasing for a longer period than one year, .or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.
Page 73 - The province of the court is, solely, to decide on the rights of individuals, not to inquire how the executive, or executive officers, perform duties in which they have a discretion. Questions in their nature political, or which are, by the constitution and laws, submitted to the executive, can never be made in this court.
Page 121 - ... there must be such an injury as from its nature is not susceptible of being adequately compensated by damages at law, or such as, from its continuance or permanent mischief, must occasion a constantly recurring grievance which cannot be otherwise prevented but by an injunction.
Page 140 - Fraud, indeed, in the sense of a Court of Equity, properly includes all acts, omissions, and concealments, which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Page 244 - An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein ; and such agreement, if made by an agent of the party sought to be charged...
Page 304 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published , or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.
Page 74 - ... however the courts may, in ascertaining the rights of parties in suits properly before them, pass upon the legality of their acts, after the matter has once passed beyond their control, there exists no power in the courts, by any of its processes, to act upon the officer so as to interfere with the exercise of that judgment while the matter is properly before him for action.
Page 472 - Where a party is entitled by the constitution, or by express provision of law, to a trial by a jury, of one or more issues of fact, in an action not specified in section...