Reports of Cases Argued and Determined in the Supreme Court: And in the Court for the Trial of Impeachments and the Correction of Errors, of the State of New York, Volume 7W. & A. Gould & Company, 1837 |
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Reports of Cases Argued and Determined in the Supreme Court: 1823/24 New York (State). Supreme Court,Esek Cowen Visualização completa - 1828 |
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action admitted adverse possession affidavit agent ALBANY amend appear assignment ASSUMPSIT attorney bail bill bond by-law cause certiorari charge circuit cited claim common law contract costs counsel covenant Cowen creditor Curia damages debt declaration deed defendant defendant's delivered demurrer denied discharge endorsed entitled evidence execution executors fact fendant freight granted ground habeas corpus heirs held indictment issue Jackson John judge judgment juror jury justice land lessor liable lien Lord Mansfield matter ment mortgage motion necessary NEW-YORK nonsuit notice objection opinion owner oyer and terminer paid parol party payment person plaintiff plaintiff in error plea pleaded possession premises principle proceedings proof proved purchase question received recover redeem rule seisin sess sheriff shew skins statute suit term testator tion trespass trial trover usury UTICA verdict Vermilyea vessel witness writ of error
Passagens mais conhecidas
Página 195 - Presumptions of this nature are adopted from the general infirmity of human nature, the difficulty of preserving muniments of title, and the public policy of supporting long and uninterrupted possessions. They are founded upon the consideration, that the facts are such as could not, according to the ordinary course of human affairs, occur unless there was a transmutation of title to, or an admission of an existing adverse title in, the party in possession.
Página 137 - A criminal action, prosecuted by indictment, may be removed from the court in which it is pending, on the application of the defendant, on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending.
Página 322 - A lease is a contract for the possession and profits of lands and tenements on the one side, and a recompense of rent or other income on the other; or it is a conveyance of lands and tenements to a person for life, or years, or at will, in consideration of a return of rent or other recompense.
Página 452 - I take it to be clear, that an agent who receives money for his principal, is liable, as a principal, so long as he stands in his original situation, and until there has been a change of circumstances, by his having paid over the money to his principal, or done something equivalent to it.
Página 597 - Every right, from an absolute ownership in property, down to a mere easement, is purchased and holden subject to the restriction, that it shall be so exercised as not to injure others.
Página 704 - There would be a great difficulty in saying at what time such a bill should be presented for acceptance. The courts have been very cautious, in fixing any time for an inland bill, payable at a certain period after sight, to be presented for acceptance; and it seems to me more necessary to be cautious with respect to a foreign bill payable in that manner. I do not see how the courts can lay down any precise rule on the subject.
Página 203 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words ; or unless the context evidently points out that they must in the particular instance, and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Página 108 - ... ought to be tried in any other county than that in which it is committed ; except in cases of general insurrection in any particular county, when it shall appear to the judges of the superior court that an impartial trial cannot be had...
Página 612 - ... tending either to blacken the memory of one who is dead or the reputation of one who is alive, and to expose him to public hatred, contempt or ridicule.
Página 90 - It is a general principle that the party who sets up a title must furnish the evidence necessary to support it. If the validity of a deed depends on an act in pais, the party claiming under that deed is as much bound to prove the performance of the act as he would be bound to prove any matter of record on which its validity might depend. It forms a part of his title; it is a link in the chain which is essential to its continuity, and which it is incumbent on him to preserve.