Reports of Cases Argued and Determined in the Superior Court of the City of New York [1856-1863], Том 18W.C. Little, 1861 |
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Сторінка 36
... Code . 2. We do not think it necessary to consider whether the referee erred or not in finding that the defendants had no lien upon the notes in controversy as collateral security ; nor whether the assignment made by them to Teackle of ...
... Code . 2. We do not think it necessary to consider whether the referee erred or not in finding that the defendants had no lien upon the notes in controversy as collateral security ; nor whether the assignment made by them to Teackle of ...
Сторінка 68
... Code , in the case last named , C could not maintain an action in his own name without a promise on the part of the debtor to pay C , the assignee ; but , under the Code , the rule is changed , and the action must be brought in the name ...
... Code , in the case last named , C could not maintain an action in his own name without a promise on the part of the debtor to pay C , the assignee ; but , under the Code , the rule is changed , and the action must be brought in the name ...
Сторінка 78
... Code , it was settled that a motion for a new trial on the ground of newly discovered evidence or surprise , could not be made after judgment perfected . ( Roosevelt v . The Heirs of Fulton , 7 Cow . , 107 ; Jackson v . Chace , 15 J. R. ...
... Code , it was settled that a motion for a new trial on the ground of newly discovered evidence or surprise , could not be made after judgment perfected . ( Roosevelt v . The Heirs of Fulton , 7 Cow . , 107 ; Jackson v . Chace , 15 J. R. ...
Сторінка 79
... Code judgment could only be entered in term time , and a defendant had four days in term , after rule for judgment had been entered , to make his motion , whereas judgment can now be entered in vacation ; and to the idea that if not now ...
... Code judgment could only be entered in term time , and a defendant had four days in term , after rule for judgment had been entered , to make his motion , whereas judgment can now be entered in vacation ; and to the idea that if not now ...
Сторінка 80
... Code took effect . ( Morgan v . Bruce , 1 Code R. , N. S. , 369. ) The considerations or facts which , prior to the Code , would be a bar to such a motion , are so now , unless there be special cases which , by the Code itself , cannot ...
... Code took effect . ( Morgan v . Bruce , 1 Code R. , N. S. , 369. ) The considerations or facts which , prior to the Code , would be a bar to such a motion , are so now , unless there be special cases which , by the Code itself , cannot ...
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accepted accommodation bills agent agreement alleged amount answer appeal April assignment Atlas Insurance attachment authority Bank Barb bill of lading Board Bosw.-VOL Callao cause of action charge claim Code complaint contract corporation counsel Court creditors Cronk damages debt debtor deed defendant's defendants delivered demand Denio Duer entitled evidence excepted execution fact fraud fraudulent freight given ground indorsed injury Insurance Company interest issued James Travers Joshua Barnes Judge judgment jury liable lien loss ment mortgage Mutual Insurance note in suit notice November old firm owner paid Panama parties passage money payment Perry person plaintiff possession premiums promissory notes proof proved purchase question received recover Referee refused resolution Roberts San Francisco Sheriff ship statute street subscribed subscription thereof tiff tion transfer trial Trustees verdict vessel void voyage Wend Willet York York Mutual
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Сторінка 235 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.
Сторінка 235 - In an action brought to recover a balance due upon a mutual, open and current, account where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Сторінка 707 - Where no provision is made by statute as to security upon an injunction, the court or judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that the plaintiff...
Сторінка 530 - The writ must be directed to the Sheriff of any county in which property of such defendant may be, and must require him to attach and safely keep all the property of such defendant within his county, not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand...
Сторінка 707 - Before making the order, the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect, that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least one hundred dollars.
Сторінка 530 - The rights or shares which such defendant may have in the stock of any association or corporation, together with the interest and profits thereon, and all other property in this State of such defendant, shall be liable to be attached and levied upon, and sold to satisfy the judgment and execution.
Сторінка 706 - An action is commenced as to each defendant when the summons is served on him, or on a co-defendant, who is a joint contractor, or otherwise united in interest with him.
Сторінка 147 - Rochester mutual, (1844,) have an additional provision that (section 12) the company, for the better security of its dealers, may receive notes for premiums in advance, of persons intending to receive its policies, and may negotiate such notes for the purpose of paying claims, or otherwise, in the course of its business...
Сторінка 250 - Property held in trust or on commission must be insured as such, otherwise the Policy will not cover such property...
Сторінка 275 - Upon this ground, therefore, as well as that before considered, the judgment of the Supreme Court must be reversed; and there must be a new trial, with costs to abide the event.