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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Results 1-5 of 82
Page 2
... produced in evidence , a protest of one of the notes , upon the face of which it appeared , that at the time the note became payable , due diligence had been used to find the maker , Elliot Hackley , and that he was , at that time ...
... produced in evidence , a protest of one of the notes , upon the face of which it appeared , that at the time the note became payable , due diligence had been used to find the maker , Elliot Hackley , and that he was , at that time ...
Page 3
... produced in evidence his shop book , written by one of his servants , who was dead , and upon proof of the death of the servant , and that he used to make such entries of debt , it was allowed , by Holt , C. J. , to be good evidence ...
... produced in evidence his shop book , written by one of his servants , who was dead , and upon proof of the death of the servant , and that he used to make such entries of debt , it was allowed , by Holt , C. J. , to be good evidence ...
Page 4
... produced . The plaintiff then proposed to give secondary evidence of its contents , and , with this view , called one of his clerks , who swore , that when this letter was written , and a considerable time before and after , one Forbes ...
... produced . The plaintiff then proposed to give secondary evidence of its contents , and , with this view , called one of his clerks , who swore , that when this letter was written , and a considerable time before and after , one Forbes ...
Page 5
... produce on a notice for that purpose . We know , that it is the habit of merchants to keep such a book , and a ... produced are the account books of the party , that he keeps fair and Cummings v . Fisher . Emmet , for the defendant ...
... produce on a notice for that purpose . We know , that it is the habit of merchants to keep such a book , and a ... produced are the account books of the party , that he keeps fair and Cummings v . Fisher . Emmet , for the defendant ...
Page 15
... produce certain letters , written by the witness , in which he spoke of the claim in this cause , as being his claim . VAN NESS , J. You have chosen to rest on the oath of the witness , as to his being interested , and you must now ...
... produce certain letters , written by the witness , in which he spoke of the claim in this cause , as being his claim . VAN NESS , J. You have chosen to rest on the oath of the witness , as to his being interested , and you must now ...
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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.