Reports of Cases Argued and Determined in the Supreme Court: 1823/24
Gould & Banks, 1824 - Law reports, digests, etc
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according action adverse possession affidavit agent agreed agreement ALBANY allowed amend amount answer appear applied assignment attorney August authority bail bill bond bound called cause charge cited claim common consideration considered contract costs Court creditor debt decided deed defendant delivered demand directed discharge endorser entered entitled error evidence execution fact filed give given granted ground held interest issue Jackson John Judge judgment jury Justice land liable matter ment months motion moved NEW-YORK notice objection October opinion original paid party payment person plaintiff plea pleaded possession premises present principle proceedings proved purchaser question reason received record redeem referred rule Sheriff shew sold statute suit supposed taken tenant term tion town trial unless UTICA verdict void whole witness writ
Page ii - Brown, of the said district, have deposited in this office the title of a book, the right whereof they claim as proprietors, in the words following, to wit : " An Introduction to Systematic and Physiological Botany. By Thomas Nuttall, AMFLS &c." In conformity to the act of the Congress of the United States...
Page 532 - Accordingly, it would seem to be a sound rule of law, that wherever a corporation is acting within the scope of the legitimate purposes of its institution, all parol contracts made by its authorized agents, are express promises of the corporation ; and all duties imposed on them by law, and all benefits conferred at their request, raise implied promises, for the enforcement of which an action may well lie.
Page 378 - Sale or exchange is a transmutation of property from one man to another, in consideration of some price or recompense in value: for there is no sale without a recompense; there must be quid pro quo.
Page 97 - ... aliens, not being the subject or subjects of some sovereign state or power, which is or shall be, at the time of such conveyance, at war with the United States of America, shall be deemed valid to vest the estate thereby granted, in such alien or aliens ; and it shall and may be lawful to and for such alien or aliens, to have and to hold the same, to his, her, or their heirs and assigns forever, any plea of alienism to the contrary notwithstanding...
Page 321 - NY 176, 180, it was said that "a statute liability wants all the elements of a contract, consideration and mutuality, as well as the assent of the party. Even a judgment founded upon a contract is no contract.
Page 226 - ... but are to consider of it, and deliver it in, with the same forms as upon civil causes : only they cannot, in a criminal case which touches life or member, give a privy verdict.
Page 535 - A person acting in the capacity of an agent may undoubtedly contract in such a manner as to make himself personally liable...
Page 476 - Tenant in dower is. where a man is seised of certain lands or tenements in fee simple, fee tail general, or as heir in special tail, and taketh a wife, and dieth, the wife after the decease of her husband shall be endowed of the third part of such lands and tenements as were her husband's at any time during the coverture...
Page 108 - ... good everywhere. But this rule is subject to some exceptions, one of the most important of which is that, where the contract violates the positive legislation or the established public policy of the state of the forum, it will not be enforced in that state, although perfectly valid and legal according to the laws of the state or country where it is made. This principle is thus stated in Cooley's Constitutional Limitations, p. 178: "In the making of contracts, the local law enters into and forms...
Page 251 - Such an agreement rests in confidence and honor only, and is not an obligation of law. There may, after a bill is drawn, be a binding promise for a valuable consideration to renew it when due; but if the promise is contemporaneous with the drawing of the bill, the law will not enforce it. This would be incorporating with a written contract an incongruous parol condition, which is contrary to first principles.