Reports of Cases Decided in the Court of Appeals of the State of New York, Band 33New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Edmund Hamilton Smith, Hiram Edward Sickels, Louis J. Rezzemini, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero Lawyers Co-operative Publishing Company, 1866 |
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Seite 74
... Arguments for Appellants . the lumber and stuff described in the contract delivered and received . To this the plaintiffs excepted . 3d . That if the jury were satisfied that at the time he gave the order on the bank for this note ...
... Arguments for Appellants . the lumber and stuff described in the contract delivered and received . To this the plaintiffs excepted . 3d . That if the jury were satisfied that at the time he gave the order on the bank for this note ...
Seite 75
... Arguments for Appellants . ment , the justice ought to have instructed the jury that the plaintiffs were entitled to recover , as requested by them . ( Gasper v . Adams , 28 Barb . , 441 ; Whittaker v . Merrill , 30 Barb . , 389 ; Codd ...
... Arguments for Appellants . ment , the justice ought to have instructed the jury that the plaintiffs were entitled to recover , as requested by them . ( Gasper v . Adams , 28 Barb . , 441 ; Whittaker v . Merrill , 30 Barb . , 389 ; Codd ...
Seite 76
... Arguments for Appellants . National Protection Ins . Co. , 20 Barb . , 468 , 473 ; Kelsey v . Western , 2 Comst . , 500 , 509 , and cases cited under 2d Point . ) Such proof , and the unexpected admission of it under such pleadings ...
... Arguments for Appellants . National Protection Ins . Co. , 20 Barb . , 468 , 473 ; Kelsey v . Western , 2 Comst . , 500 , 509 , and cases cited under 2d Point . ) Such proof , and the unexpected admission of it under such pleadings ...
Seite 85
... Arguments for Appellant . mentioned in the complaint was received and discounted by the plaintiff at a usurious rate , to wit , seventeen per cent , being ten per cent more than lawful interest , and that the defendant never received ...
... Arguments for Appellant . mentioned in the complaint was received and discounted by the plaintiff at a usurious rate , to wit , seventeen per cent , being ten per cent more than lawful interest , and that the defendant never received ...
Seite 86
... Arguments for Appellant . There is no assertion or allegation that the transaction detailed in the answer is the same transaction as the note declared upon . It may all be true , and yet afford no defense to the note which the Dotys ...
... Arguments for Appellant . There is no assertion or allegation that the transaction detailed in the answer is the same transaction as the note declared upon . It may all be true , and yet afford no defense to the note which the Dotys ...
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Häufige Begriffe und Wortgruppen
Aaron H act of congress action affirmed agreement alleged amount answer appeal applied Arguments for Appellants Arguments for Respondents assessed authority bill bond and mortgage Brown capital charge charitable claim common council common law complainants Constitution contract corporation Court of Chancery court of equity creditors DAVIES debt declared defendants DENIO devise entitled evidence executed executors executrix exempt fact fraud Givan given held Hitchins Insurance Company intention interest invested judge judgment jury lands lease legislative legislature liable lumber McNett ment Mohawk river national banks navigable Nicholas Evertson object Opinion owner paid parties payment personal estate Phoenix Bank pier plaintiff Pomeroy provision purpose question Ralph Pomeroy real estate received recover reference river River Raisin rule securities shareholders shares Statement statute stockholders Supreme Court taxation Term thereof TIFFANY.-VOL tion trial trust United usury valid void Wend York
Beliebte Passagen
Seite 564 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Seite 236 - Nothing herein shall be construed to exempt the real property of associations from either State, county or municipal taxes, to the same extent, according to its value, as other real property is taxed...
Seite 207 - All subjects over which the sovereign power of a state extends, are objects of taxation; but those over which it does not extend, are, upon the soundest principles, exempt from taxation.
Seite 670 - No person or corporation shall, directly or indirectly, take or receive any money, goods or things in action, or in any other way, any greater sum or greater value for the loan or forbearance of any money, goods or things in action, than is above prescribed.
Seite 220 - ... that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such state...
Seite 690 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Seite 207 - The sovereignty of a state extends to everything which exists by its own authority, or is introduced by its permission; but does it extend to those means which are employed by congress to carry into execution powers conferred on that body by the people of the United States?
Seite 206 - This opinion does not deprive the States of any resources which they originally possessed. It does not extend to a tax paid by the real property of the bank, in common with the other real property within the State, nor to a tax imposed on the interest which the citizens of Maryland may hold in this institution, in common with other property of the same description throughout the State.
Seite 205 - Provided, That nothing in this act shall be construed to prevent all the shares in any of the said associations, held by any person or body corporate, from being included in the valuation of the personal property of such person or corporation, in the assessment of taxes imposed by or under State authority...
Seite 406 - ... shall be construed to include any real estate, or any real estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will...