The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit, and District Courts, Appellate Courts of the Several States, State and City Courts of New York and English Courts, Volume 5McDivitt, Campbell & Company, 1878 |
No interior do livro
Resultados 1-5 de 88
Página 2
... party is excused from performance or offer to perform on his part . Affirming S. C. , 2 W. Dig . , 212 . policy ... party to a contract de- clares to the other party to it that he will not perform on the future day fixed therefor , and ...
... party is excused from performance or offer to perform on his part . Affirming S. C. , 2 W. Dig . , 212 . policy ... party to a contract de- clares to the other party to it that he will not perform on the future day fixed therefor , and ...
Página 23
... party to the es- topped , or such gross negligence on his part as to amount to constructive fraud , by which another has been misled to his injury . See 1 Story's Eq . , 391 ; Hill v . Eppley , 31 Pa . St. , 334 ; Henshaw v . Bissell ...
... party to the es- topped , or such gross negligence on his part as to amount to constructive fraud , by which another has been misled to his injury . See 1 Story's Eq . , 391 ; Hill v . Eppley , 31 Pa . St. , 334 ; Henshaw v . Bissell ...
Página 29
... party to abide event . or accept the shares , but merely to pay differences , according to the rise or fall of the market , are contracts for gaming and void . Where the character of a transaction depends upon the intent of the party it ...
... party to abide event . or accept the shares , but merely to pay differences , according to the rise or fall of the market , are contracts for gaming and void . Where the character of a transaction depends upon the intent of the party it ...
Página 37
... parties as nearly in statu quo as possible . The contracts of in- surance were suspended by the war , and before its close made impossible of revivor by the act of God , and not by the acts or negligences of the parties ; they were ...
... parties as nearly in statu quo as possible . The contracts of in- surance were suspended by the war , and before its close made impossible of revivor by the act of God , and not by the acts or negligences of the parties ; they were ...
Página 38
... parties respectively . The Proclamation of the President must be confined to its intended and legitimate objects ... party should select an ap praiser , who under oath should ascer- tain and fix such value , and in case they should ...
... parties respectively . The Proclamation of the President must be confined to its intended and legitimate objects ... party should select an ap praiser , who under oath should ascer- tain and fix such value , and in case they should ...
Outras edições - Ver tudo
The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 25 Visualização integral - 1887 |
The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 10 Visualização integral - 1880 |
The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 15 Visualização integral - 1883 |
Palavras e frases frequentes
action was brought affidavit agreement alleged amount application applt appointed assessment assignment attorney bank bill of lading bond cause of action charge claim Code complaint concur contract corporation County COURT OF APPEALS Court of Equity creditors damages debt Decided December Decided November Decided October Decided September deed defendant defendant's denied entitled error evidence execution executor fact fendant foreclosure FOURTH DEPT fraud granted Held indorsed injury issued judge Judgment affirmed judgment for plaintiff jurisdiction jury land lease liable lien ment mortgage motion N. Y. COURT N. Y. SUPREME COURT negligence notice Opinion owner paid party payment person plain plaintiff in error plff possession premises proceedings promissory note proof purchase question railroad Rapallo receiver recover referee respt SECOND DEPT Special Term statute surety testator thereof THIRD DEPT tiff tion trial trust verdict void
Passagens conhecidas
Página 480 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person, under the existing circumstances would not have done.
Página 37 - States hereinbefore named, as may maintain a loyal adhesion to the Union and the Constitution, or may be from time to time occupied and controlled by forces of the United States engaged in the dispersion of said insurgents...
Página 215 - The inquiry must, therefore, always be whether there was any intermediate cause disconnected from the primary fault, and self-operating, which produced the injury.
Página 366 - State, subject only to the two restrictions, 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...
Página 310 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Página 75 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Página 523 - There was some conflict of evidence as to the rate of speed at which the train was running at the time, and whether its bell was rung and its whistle sounded.
Página 214 - The true rule is that what is the proximate cause of an injury is ordinarily a question for the Jury. It is not a question of science or of legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending it.
Página 48 - He has no right to appropriate a sign or a symbol, which, from the nature of the fact it is used to signify, others may employ with equal truth, and therefore have an equal right to employ for the same purpose...
Página 366 - ... at a greater rate than is assessed upon such bonds ; and that, therefore, the taxation complained of is in violation of the act of Congress forbidding the taxation of national shares at a greater rate than is assessed upon other moneyed capital in the hands of individuals.