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 82
... premises ; " this was done and the prior mortgage canceled of record . In an action brought to foreclose the trust mortgage it was adjudged that plaintiff's bonds were usurious and void . Plaintiff thereupon brought this action asking ...
... premises ; " this was done and the prior mortgage canceled of record . In an action brought to foreclose the trust mortgage it was adjudged that plaintiff's bonds were usurious and void . Plaintiff thereupon brought this action asking ...
Página 84
... premises , is compelled to pay the prior mortgage . ( Averill v . Taylor , 8 N. Y. 44–51 ; Story's Eq . Jur . , § 635 , 1227 ; Sanford v . McLean , 3 Paige , 117 ; Banto v . Garmo , 1 Sandf . Ch . 383 ; Jenkins v . Con . Ins . Co. , 12 ...
... premises , is compelled to pay the prior mortgage . ( Averill v . Taylor , 8 N. Y. 44–51 ; Story's Eq . Jur . , § 635 , 1227 ; Sanford v . McLean , 3 Paige , 117 ; Banto v . Garmo , 1 Sandf . Ch . 383 ; Jenkins v . Con . Ins . Co. , 12 ...
Página 86
... premises to defendants Beck and Tucker . The conveyance , which purported to be an " indenture , " but which was executed by the grantor only , contained a clause to the effect that the conveyance was made subject to said mortgage ...
... premises to defendants Beck and Tucker . The conveyance , which purported to be an " indenture , " but which was executed by the grantor only , contained a clause to the effect that the conveyance was made subject to said mortgage ...
Página 145
... premises , and paid rent upon demand by plaintiff of its treasurer . Held , that defendants were not personally liable . It seems that although because of the absence of the corporate seal the cor- poration might not have been liable in ...
... premises , and paid rent upon demand by plaintiff of its treasurer . Held , that defendants were not personally liable . It seems that although because of the absence of the corporate seal the cor- poration might not have been liable in ...
Página 148
... premises . The instrument contained other provisions whereby the party of the first part contracted to do certain things to prepare the premises for the purposes intended , but these provisions being irrelevant to the questions ...
... premises . The instrument contained other provisions whereby the party of the first part contracted to do certain things to prepare the premises for the purposes intended , but these provisions being irrelevant to the questions ...
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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
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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...