A Treatise on the Civil Jurisdiction of Justices of the Peace in the State of New York

Front Cover
W. & A. Gould & Company, 1841

Selected pages

Other editions - View all

Common terms and phrases

Popular passages

Page 246 - All bonds, bills, notes, assurances, conveyances, all other contracts or securities whatsoever, except bottomry and respondentia bonds and contracts, and all deposits of goods or other things whatsoever, whereupon or whereby there shall be reserved or taken, or secured or agreed to be reserved or taken, any greater sum, or greater value, for the loan or forbearance of any money, goods or other things in action, than is above prescribed, shall be void.
Page 273 - Every agreement that, by its terms, is not to be performed within one year from the making thereof.
Page 45 - ... or part of it, or for doing any other act, and the day is to happen, or may happen before the thing which is the consideration of the money, or other act is to be performed, an action may be brought for the money, or for not doing such other act before performance ; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that which is the consideration of the money or other act.
Page 245 - No person or corporation shall, directly or Indirectly, take or receive In money, goods or things In action, or In any other way, any greater sum or greater value, for the loan or forbearance of any money, goods or things In action, that is above prescribed.
Page 270 - 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 51 - Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action ; or — 3. Unless the buyer shall, at the time, pay some part of the purchase money.
Page 426 - ... to plead the general issue, and give the special matter in evidence...
Page 392 - The right to the use of water rests on clear and settled principles. Primd facie, the proprietor of each bank of a stream is the proprietor of half the land covered by the stream, but there is no property in the water. Every proprietor has an equal right to use the water which flows in the stream, and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent of the other proprietors, who may be affected by his operations, no proprietor...
Page 50 - As soon as the bargain is struck, the property of the goods is transferred to the vendee, and that of the price to the vendor; but the vendee cannot take the goods, until he tenders the price agreed on. 2 But if he tenders the money to the vendor, and he refuses it, the vendee may seise the goods, or have an action against the vendor for detaining them.
Page 245 - By the statute regulating the interest on money,(l) it is provided, that the rate of interest upon the loan, or forbearance of any money, goods, or things in action...

Bibliographic information