Reports of Cases Argued and Determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York [1828-1841], Volume 20Gould, Banks & Company, 1846 |
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Página 29
... void as being a fraud on the heirs and on creditors . Bridgewater v . Brook- field , 3 Cowen , 299 , S. P. Myers v . Hodges , 2 Watts , 381 , S. P. In Bolt v . Rogers , before cited , such an agreement was exe- cuted and the purchaser ...
... void as being a fraud on the heirs and on creditors . Bridgewater v . Brook- field , 3 Cowen , 299 , S. P. Myers v . Hodges , 2 Watts , 381 , S. P. In Bolt v . Rogers , before cited , such an agreement was exe- cuted and the purchaser ...
Página 30
... void only as against the latter . It was wanted for nothing else . It was but declaratory ; and were it not for the 4th section giving additional sanctions , the common law would have reached every purpose . Now had the statute stopped ...
... void only as against the latter . It was wanted for nothing else . It was but declaratory ; and were it not for the 4th section giving additional sanctions , the common law would have reached every purpose . Now had the statute stopped ...
Página 31
... void at the common law , and the note before us ? Marriage brokerage contracts are a familiar instance , because they tend to work a fraud as against a third party who is to be drawn into the marriage . 3 P. Wms . 74 , note ( 1 ) , and ...
... void at the common law , and the note before us ? Marriage brokerage contracts are a familiar instance , because they tend to work a fraud as against a third party who is to be drawn into the marriage . 3 P. Wms . 74 , note ( 1 ) , and ...
Página 34
... void ; and he proceded to show , what I admit cannot be controverted , that fraudulent conveyances have always been considered binding on the parties . He then discusses the question , as I before men- tioned , whether the statutes of ...
... void ; and he proceded to show , what I admit cannot be controverted , that fraudulent conveyances have always been considered binding on the parties . He then discusses the question , as I before men- tioned , whether the statutes of ...
Página 37
... it respects credi- tors . The former is altogether void , and cannot be made the foundation of an action . Ex dolo malo non oritur actio . " You Nellis v . Clark . shall not stipulate for iniquity UTICA , JULY , 1838 . 37.
... it respects credi- tors . The former is altogether void , and cannot be made the foundation of an action . Ex dolo malo non oritur actio . " You Nellis v . Clark . shall not stipulate for iniquity UTICA , JULY , 1838 . 37.
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Reports of Cases Argued and Determined in the Supreme Court of Judicature ... Visualização integral - 1846 |
Palavras e frases frequentes
action affidavit agent appear applied assignment assumpsit attorney authority bank bill bona fide purchaser cause certiorari chancellor chancery charge choses in action Church of New-York cited city of New-York claim clause common law contract conveyance counsel court of chancery Cowen creditors damages debt decision declaration decree deed delivered demurrer devise dower Dutch Church entitled evidence execution executors fact feme covert fraud fraudulent ground heir held Insurance intent interest issued Johns judge judgment jury Kleeck land leasehold estates legislature lien Lord Mansfield mandamus ment mortgage motion notice objection opinion owner parties payment person plaintiffs in error plea possession premises principle proceedings proof purchaser purpose question real estate received recover replevin residuary devisees rule says sheriff sold statute statute of frauds Stoddard suit supreme court term tion trial vendor verdict vessel void Wendell words writ of error
Passagens conhecidas
Página 32 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of defendant, but because they will not lend their aid to such a plaintiff.
Página 520 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Página 38 - The objection that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed ; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this: Ex dolo malo non oritur actio.
Página 275 - The universal and fundamental principle of our law of personal property is, that no man can be divested of his property without his consent, and consequently that even the honest purchaser under a defective title cannot hold against the true proprietor.
Página 360 - For it is not to be presumed that the Legislature intended to make any innovation upon the Common Law further than the case absolutely required.
Página 373 - It may well be doubted whether the nature of society and of government does not prescribe some limits to the legislative power; and if any be prescribed, where are they to be found, if the property of an individual, fairly and honestly acquired, may be seized without compensation?
Página 381 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Página 32 - The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Página 278 - The holder of a bill of exchange, or promissory note, is not to be considered in the light of an assignee of the payee. An assignee must take the thing assigned, subject to all the equity to which the original party was subject. If this rule applied to bills and promissory notes, it would stop their currency.
Página 175 - ... and pay him for his trouble. When the evidence was closed the counsel for the defendant stated that he should not question the fact that the parties were mutually in error in supposing that 500 bushels of oats had been put on board when in fact only 250 bushels had been put on board at the time of the bargain in reference to the quantity, but insisted that the bargain was obligatory upon the plaintiff, and that therefore he was not entitled to recover. He also insisted that the proof varied from...