The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit, and District Courts, Appellate Courts of the Several States, State and City Courts of New York and English Courts, Volume 3
McDivitt, Campbell & Company, 1877 - Law reports, digests, etc
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action affirmed agent agreement alleged allowed amount answer appeal applied applt assessment assignment authority bank bill bond brought cause charge claim complaint concurring contract corporation costs COURT OF APPEALS creditors damages debt Decided deed defendant defendant's delivered denied DEPARTMENT directed duty effect entered entitled error et al evidence execution fact fendant filed fraud give given granted ground Held intent interest issued judge judgment jury land liable lien ment mortgage motion N. Y. SUPREME COURT notice objection Opinion owner paid party payment performed person plain plaintiff possession present proceedings proof proper proved purchase question reason received recover referee refused respt reversed rule sold Special statute sufficient suit taken Term tion trial trust witness York
Page 216 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 216 - 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 216 - That every association may take, receive, reserve, and charge on any loan or discount made, or upon any note, bill of exchange, or other evidences of debt, interest at the rate allowed by the laws of the State or territory where the bank is located, and no more...
Page 538 - ... repugnant to the constitution of the United States, and the decision was in favor of its validity...
Page 106 - States shall be first satisfied, and the priority hereby established shall extend as well to cases in which a debtor, not having sufficient property to pay all his debts, makes a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed, or absent debtor are attached by process of law, as to cases in which an act of bankruptcy is committed.
Page 134 - ... that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Page 435 - The true criterion of a fixture is the united application of these requisites: ( 1 ) Actual annexation to the realty, or something appurtenant thereto; (2) application to the use or purpose to which that part of the realty with which it is connected is appropriated; and (3) the intention of the party making the annexation to make a permanent accession to the freehold.
Page 134 - ... any property or thing in action, belonging to the defendant, and of any property, money, orthing in action, due to him, or held in trust for him; and to prevent the transfer of any such property, money, or thing in action...
Page 74 - This requirement of the constitution is met if the trial is had according to the settled course of judicial proceedings. Due process of law is process due according to the law of the land. This process in the states is regulated by the law of the state.