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 2
... offered in evidence the entry made by this clerk in the books of the notary , showing the fact of search for the maker , and notice to the indorser , the defendant . VAN NESS , J. This testimony is altogether inadmissible . The protest ...
... offered in evidence the entry made by this clerk in the books of the notary , showing the fact of search for the maker , and notice to the indorser , the defendant . VAN NESS , J. This testimony is altogether inadmissible . The protest ...
Page 3
... offered as evidence , a notarial protest under seal , stating the fact of the presentment , in the usual form ; and contended that , by the usage of merchants , a protest under a notary's seal is evidence of the dishonor of foreign ...
... offered as evidence , a notarial protest under seal , stating the fact of the presentment , in the usual form ; and contended that , by the usage of merchants , a protest under a notary's seal is evidence of the dishonor of foreign ...
Page 11
... offered to prove by Richard S. Hack- ley , one of the indorsers of these notes , that Elliot Hack- ley , and Daniel Fisher , the defendant , had been in partner- ship , and had become insolvent ; that the plaintiff , and Richard S ...
... offered to prove by Richard S. Hack- ley , one of the indorsers of these notes , that Elliot Hack- ley , and Daniel Fisher , the defendant , had been in partner- ship , and had become insolvent ; that the plaintiff , and Richard S ...
Page 12
... offered to be proved by this tes timony , was a nudum pactum , without consideration , and , therefore , void . prius in 1788 , it was expressly held , that , on an allegation that the bill or note was presented , and acceptance and ...
... offered to be proved by this tes timony , was a nudum pactum , without consideration , and , therefore , void . prius in 1788 , it was expressly held , that , on an allegation that the bill or note was presented , and acceptance and ...
Page 13
... offered , merely shows matter of compact ; and , therefore , the in- dorser ought to be received to state it . As to the second and third points , raised by the plain- tiff's counsel , it was contended that the facts offered to be ...
... offered , merely shows matter of compact ; and , therefore , the in- dorser ought to be received to state it . As to the second and third points , raised by the plain- tiff's counsel , it was contended that the facts offered to be ...
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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.