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 46
... damages sustained thereby ; it was simply an undertaking to indemnify the plaintiffs against any loss occasioned by breaking up the voyage and the non - earning of any passage money by the vessel . ( a . ) The vessel actually earned ...
... damages sustained thereby ; it was simply an undertaking to indemnify the plaintiffs against any loss occasioned by breaking up the voyage and the non - earning of any passage money by the vessel . ( a . ) The vessel actually earned ...
Сторінка 51
... damages had been recovered against the defendants for breach of contract , which , according to all former construction of such contract , had not at all occurred . It so happens that the steamer did not earn as much passage money on ...
... damages had been recovered against the defendants for breach of contract , which , according to all former construction of such contract , had not at all occurred . It so happens that the steamer did not earn as much passage money on ...
Сторінка 88
... which allows the jury to find interest , it being an unliquidated account . The jury found a verdict for the plaintiffs , assessing their damages thus : Rider et al . v . The Union India Rubber 88 CASES IN THE SUPERIOR COURT .
... which allows the jury to find interest , it being an unliquidated account . The jury found a verdict for the plaintiffs , assessing their damages thus : Rider et al . v . The Union India Rubber 88 CASES IN THE SUPERIOR COURT .
Сторінка 98
... damages if the Company suffer injury by the neglect , ) does not make the act void . So the law will not imply a contract where the corporation had no power to make an express contract to the same purport . ( Brady v . The Mayor , & c ...
... damages if the Company suffer injury by the neglect , ) does not make the act void . So the law will not imply a contract where the corporation had no power to make an express contract to the same purport . ( Brady v . The Mayor , & c ...
Сторінка 105
... damages ; but it is a new agree- ment , not contemplated by the acceptance . ( Delacroix v . Bulkley , 13 Wend . , 71 ; Eddy v . Graves , 23 id . , 82 ; Allen v . Jaquish , 21 id . , 628. ) And in order to hold Roberts , a new promise ...
... damages ; but it is a new agree- ment , not contemplated by the acceptance . ( Delacroix v . Bulkley , 13 Wend . , 71 ; Eddy v . Graves , 23 id . , 82 ; Allen v . Jaquish , 21 id . , 628. ) And in order to hold Roberts , a new promise ...
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Загальні терміни та фрази
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.