Reports of Cases Decided in the Court of Appeals of the State of New York, Volumen94New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Edmund Hamilton Smith, Louis J. Rezzemini, Alvah S. Newcomb, Edwin Augustus Bedell, James Newton Fiero Lawyers Co-operative Publishing Company, 1884 |
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Página 17
... debt due them as assignees of Delevan for money paid by him for the defend- ant . The defendant pleaded a special agreement by which the plaint- iffs were " to use their best efforts " in his behalf in said actions , in consideration ...
... debt due them as assignees of Delevan for money paid by him for the defend- ant . The defendant pleaded a special agreement by which the plaint- iffs were " to use their best efforts " in his behalf in said actions , in consideration ...
Página 25
... debt of Drew , McLane & Young , the join- der with the second was improper , and the demurrer was well taken for that reason . ( Van Liew v . Johnson , 6 T. & C. 648 ; Cook v . Horwetz , 10 Hun , 586 ; Wiles v . Suydam , 64 N. Y. 179 ...
... debt of Drew , McLane & Young , the join- der with the second was improper , and the demurrer was well taken for that reason . ( Van Liew v . Johnson , 6 T. & C. 648 ; Cook v . Horwetz , 10 Hun , 586 ; Wiles v . Suydam , 64 N. Y. 179 ...
Página 26
... debt , a difficulty remains . An objection was stated in the demurrer that the second cause of action did not affect the defendant Churchill . Although it repeats the allegations of the first count , it goes on to show , and does ...
... debt , a difficulty remains . An objection was stated in the demurrer that the second cause of action did not affect the defendant Churchill . Although it repeats the allegations of the first count , it goes on to show , and does ...
Página 37
... debts . ( Carpenter v . Roe , 10 N. Y. 227 ; Fox v . Moyer , 54 id . 125 ; Ford v . Johnson , 7 Hun , 563 : Warner v . Blakeman , 43 N. Y. 487. ) Edward P. Wilder for respondents . An action in equity of this nature cannot be maintained ...
... debts . ( Carpenter v . Roe , 10 N. Y. 227 ; Fox v . Moyer , 54 id . 125 ; Ford v . Johnson , 7 Hun , 563 : Warner v . Blakeman , 43 N. Y. 487. ) Edward P. Wilder for respondents . An action in equity of this nature cannot be maintained ...
Página 44
... debt due and owing to the creditors whom he represents , and upon recovering judgment herein he becomes entitled to sell upon execution such property of the debtor as is thus subject to the lien of the judgments which he represents ...
... debt due and owing to the creditors whom he represents , and upon recovering judgment herein he becomes entitled to sell upon execution such property of the debtor as is thus subject to the lien of the judgments which he represents ...
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Términos y frases comunes
adverse possession agreement alleged amount APPEAL from judgment appellant appointed Argued assignment authority bank Barb cause of action chap charge Civil Procedure claim Code of Civil commissioner complaint concur contract conveyance corporation court court of equity creditor damages debt debtor December 11 deed defendant defendant's Denio entitled equity evidence ex rel execution facts FINCH foreclosure gage George Lott granted grantor ground held interest January 15 January 29 Johns Judgment affirmed judicial department jury land liability lien ment MILLER mortgage motion November 20 Opinion owner paid Paige parties payment person plaintiff possession premises proceedings proof provision purchase question RAPALLO receiver recover reference respondent RUGER Sandf SICKELS VOL Smith Special Term Statement statute sufficient sureties surrogate testator therein thereof tion town trial trustee usury valid Weekly Dig Wend XLIX York
Pasajes populares
Página 291 - On the hearing of such appeal, the court may direct a new appraisal before the same or new commissioners in its discretion ; the second report shall be final and conclusive on all the parties interested.
Página 345 - In such other cases as are now provided by law, or may be in accordance with the existing practice, except as otherwise provided in this act.
Página 609 - December 12, 1882, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. This action was upon a bond executed by defendant to plaintiffs
Página 547 - Administration in case of intestacy must be granted to the relatives of the deceased entitled to succeed to his personal property, who will accept the same, in. the following order: 1. To the surviving husband or wife. 2. To the children. 3. To the father.
Página 38 - Where a grant for a valuable consideration shall be made' to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person named as the alienee in such conveyance, subject only to the provisions of the next section.
Página 346 - Each of those courts shall continue to exercise the jurisdiction and powers now vested in it by law, according to the course and practice of the court, except as otherwise prescribed in this act.
Página 587 - Compensation of receivers; division in certain cases. — § 2. Every receiver shall be allowed to receive, as compensation for his services as such receiver, five per centum for the first one hundred thousand dollars...
Página 567 - Appeal from order of the General Term of the Supreme Court in the third judicial department...
Página 400 - ... has a lien upon the same for the work or labor done or materials furnished by each, respectively, whether done or furnished at the instance of the owner of the building or other improvement, or his agent...
Página 608 - ... rests in the sound discretion of the court, in view of all the facts and circumstances...