Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volume 53 |
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Common terms and phrases
adverse possession affidavit affirmed agreement alimony alleged amount answer Appeal from judgment Appellant's points apply assessment assignment attorney Bank Barb bill bill of lading bonds cause of action certificate charge charter charter party claim Code complaint concurred consignee contract conveyance costs court court of equity creditors damages Decided decree deed defendant defendant's delivered delivery demurrer Edward Lasker entitled equity evidence facts favor filed firm foreclosure FREEDMAN Georgia held indorsement INGRAHAM intended issue judge judgment entered jurisdiction jury Laimbeer Leadville liable lien ment mortgage motion notice nunc pro tunc old firm Opinion PER CURIAM owner paid partner partnership party party-wall payment person plaint plaintiff pleaded possession premises proceedings question received recover referred rendered respondent SEDGWICK special term Statement statute suit Super testimony thereof tion trial TRUAX and O'GORMAN verdict Wend York
Popular passages
Page 25 - All the stockholders of every company incorporated under this act, shall be severally, individually liable to the creditors of the company in which they are stockholders, to an amount equal to the amount of stock held by them respectively for all debts and contracts made by such company, until the whole amount of capital stock fixed and limited by such company shall have been paid in, and a certificate thereof shall have been made and recorded, as prescribed in the following section...
Page 97 - After the action is settled, discontinued, or abated, or final judgment is rendered therein against the party filing the notice, and the time to appeal therefrom has expired...
Page 203 - ... by collisions, stranding or other accidents of navigation of whatsoever kind (even when occasioned by the negligence, default or error in judgment of the pilot, master, mariners, or other servants of the ship owner, not resulting, however, in any case, from want of due diligence by the owners of the ship, or any of them, or by the Ship's Husband or Manager).
Page 26 - Section 11 of said act requires that 'the president and a majority of the trustees, within thirty days after the payment of the last installment of the capital stock so fixed and limited by the company, shall make a certificate stating the amount of the capital so fixed and paid in, which certificate shall be signed and sworn to by the president and a majority of the...
Page 179 - ... direct the person so liable to pay them. Except in a case, where he could not have been lawfully directed to pay costs, personally, if he had been a party, as prescribed in the last section, his disobedience to the order is a contempt of court. But this section does not apply to a case, where the person so beneficially interested, is the attorney or counsel for the plaintiff, if his only beneficial interest consists of a right to a portion of the sum or property recovered, as compensation for...
Page 216 - We find no authority for the proposition that a contract under seal may be turned into the simple contract of a person not in any way appearing on its face to be a party to or interested in it, on proof dehors the instrument, that the nominal party was acting as the agent of another...
Page 318 - The construction given to a statute of a State by the highest judicial tribunal of such State is regarded as a part of the statute, and is as binding upon the courts of the United States as the text.
Page 519 - In pleading the performance of conditions precedent in a contract, it is not necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his part, and if such allegation be controverted, the party pleading must establish, on the trial, the facts showing such performance.
Page 41 - The shipper is estopped from saying that the value is greater. The articles have no greater value, for the purposes of the contract of transportation, between the parties to that contract. The carrier must respond for negligence up to that value.
Page 41 - The limitation as to value has no tendency to exempt from liability for negligence. It does not induce want of care. It exacts from the carrier the measure of care due to the value agreed on. The carrier is bound to respond in that value for negligence. The compensation for carriage is based on that value. The shipper is estopped from saying that the value is greater.