Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Trial of Impeachments and Correction of Errors in the State of New-York, Volume 1
Banks & Brothers, 1864 - Law reports, digests, etc
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abandonment according action admitted agent ALBANY alleged allowed amount answer appear appellants assignment August authority bill bound brought cargo cause charge circumstances claim common consideration considered contained contract costs counsel court damages debt decided decision deed defendant delivered directed dollars effect entered entitled error evidence fact fraud freight give given granted ground held indictment insured intended interest issue Johns judge judgment jury justice land Lord loss master ment necessary New-York notice objection opinion owner paid party payment person plaintiff plea pleaded port possession premises present principle proceedings proceeds proof proper proved purchase question reason received recover respect rule ship sold statute sufficient suit taken Term Term Rep tion trial verdict vessel voyage warranty whole witness
Page 354 - Saund. 228, n. (1), it is said, that, " where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet, if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or...
Page 224 - ... That there shall be no future confiscations made, nor any prosecutions commenced against any person or persons, for or by reason of the part which he or they may have taken in the present War ; and that no person shall on that account suffer any future loss or damage either in his person, liberty, or property ; and that those who may be in confinement on such charges at the time of the Ratification of the Treaty in America, shall be immediately set at liberty, and the prosecutions so commenced...
Page 10 - I hold every man a debtor to his profession; from the which, as men of course do seek to receive countenance and profit, so ought they of duty to endeavor themselves, by way of amends, to be a help and ornament thereunto.
Page 6 - 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 451 - And by the same statute it is further enacted, "that all leases, estates, interests, of freehold or terms of years, or any uncertain interest of, in, to, or out of any messuages, manors, lands, tenements or hereditaments, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Page 222 - And it is agreed, that all persons who have any interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.
Page 490 - It is also agreed that the property be warranted by the assured free from any charge, damage, or loss which may arise in consequence of a seizure or detention, for or on account of any illicit or prohibited trade, or any trade in articles contraband of war.
Page 7 - April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered ; and such acts of the Legislature of this State as are now in force, shall be and continue the law of this State, subject to such alterations as the Legislature shall make concerning the same.
Page 499 - Upon a motion for judgment as in case of a nonsuit, for not proceeding to trial after notice, the affidavit need not allege that due notice of trial has been given.— It is no objection to a rule for judgment as in case of a nonsuit...
Page 7 - And this convention doth further, in the name and by the authority of the good people of this state, ORDAIN, DETERMINE, AND DECLARE, that such parts of the common law of England, and of the statute law of England and Great Britain, and of the acts of the legislature of the colony of New York, as together did form the law of the said colony on the 19th day of April, in the year of our Lord one thousand seven hundred and seventy-five, shall be and continue the law of this state...