The Law of Nisi Prius: Being Reports of Cases Determined at Nisi Prius, in the Supreme Court of the State of New York [1807-1851] |
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Page 32
... express or implied , that the fact misrepresented is true . That if the assertion be a nude assertion , it is that sort of misrepre- sentation , the truth of which does not lie merely in the knowledge of the defendant , but may be ...
... express or implied , that the fact misrepresented is true . That if the assertion be a nude assertion , it is that sort of misrepre- sentation , the truth of which does not lie merely in the knowledge of the defendant , but may be ...
Page 45
... express clause , declaring that if any other assur- ance has been made by the assured upon the premises , of a prior date , the subsequent insurers shall be answerable only for so much , as the amount of such prior assurance may be ...
... express clause , declaring that if any other assur- ance has been made by the assured upon the premises , of a prior date , the subsequent insurers shall be answerable only for so much , as the amount of such prior assurance may be ...
Page 63
... express the rule : " To the creation of a trust , by deed , in fa- vor of any person , it is not necessary that the cestui que trust should either be a party or assent to it . He may , indeed , reject the beneficiary interest , and if ...
... express the rule : " To the creation of a trust , by deed , in fa- vor of any person , it is not necessary that the cestui que trust should either be a party or assent to it . He may , indeed , reject the beneficiary interest , and if ...
Page 73
... express agreement to receive it as payment . The decisions , in our own courts , have been conformable to this rule . In Murray v . Gouverneur and Kemble , in the court of errors , ( 2 Johns . 440 , ) it was declared to be a settled ...
... express agreement to receive it as payment . The decisions , in our own courts , have been conformable to this rule . In Murray v . Gouverneur and Kemble , in the court of errors , ( 2 Johns . 440 , ) it was declared to be a settled ...
Page 79
... express agreement by which the terms of the original contract were varied , and the goods put at the risk of the plaintiff . The court , however , decided that the indorsement , on the bill of lading , was a complete contract for ...
... express agreement by which the terms of the original contract were varied , and the goods put at the risk of the plaintiff . The court , however , decided that the indorsement , on the bill of lading , was a complete contract for ...
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Common terms and phrases
action admissible admitted alleged Anthon appeared assumpsit averment bill of exchange bill of lading brought cargo charge Chitty cited Colden common law considered contended contract CORAM count D. B. Ogden damages decided decision declaration deed defendant defendant's counsel delivered delivery demand demurrer drawee drawer Emmet entitled entry evidence fact fendant fraud given ground Hackley hand-writing held inadmissible indorser Insurance Company interest issue Johns judge judgment jury justice liable Lord Ellenborough Lord Kenyon maker ment NESS Nisi Prius non est factum non-suit notice opinion paid parol partner party payable payment plaintiff plaintiff's counsel Plea pleaded possession produced promise promissory note proof protest question received recover refused rent rule set-off ship sold SPENCER statute statute of frauds sufficient supreme court tenant testimony third person THOMPSON tiff tion trespass trial trover verdict vessel Vide etiam voir dire voyage waiver Wend witness York
Popular passages
Page 125 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page ii - BBOWN, of the said district, hath deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit : " Sertorius : or, the Roman Patriot.
Page 183 - ... there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Page ii - An Act supplementary to an Act entitled an Act for the encouragement of learning, by securing the copies of maps, charts, and books to the authors and proprietors of such copies, during the times therein mentioned...
Page 253 - In the actions mentioned in the last section, the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages ; and whether he proves the justification or not, he may give in evidence the mitigating circumstances.
Page 8 - ... on any or all of the parties to such bill of exchange or promissory note, and specifying the mode of giving such notice and the reputed place of residence of the party to whom the same was given, and the post-office nearest thereto, shall be presumptive evidence of the facts contained in such certificate...
Page ii - ... and also to an act, entitled, " An act supplementary to an act, entitled, an act for 'be encouragement of learning, by securing the copies of maps, charts- and hooks- to the authors and proprietors of such copies, during the times therein mentioned, and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints.
Page 35 - That no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
Page 133 - You called a witness, and asked, whether he had ever seen the party write. If he said he had, whether more or less frequently, if ever, that was enough to introduce the subsequent question — whether he believed the paper to be his handwriting. If he answered, that he believed it to be so, that was evidence to go to the jury.
Page 233 - I now consider this as the correct rule,* that if there has been no beneficial service, there shall be no pay ; but if some benefit has been derived, though not to the extent expected, this shall go to the amount of the plaintiff's demand, leaving the defendant to his action for negligence The claim shall he co-extensive with the benefit.