Reports of Cases Adjudged in the Court of Chancery of New-York: Containing the Cases from March, 1814 to [July, 1823] ... Inclusive, Volume 7
E. F. Backus, State-street, Van Winkle & Wiley, printers, 1824 - Equity
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according action administrator admitted afterwards agent agreement allowed amount answer Appeal apply appointed assets assignment authority Bank benefit bill bond canal cause Chancellor Chancery charged claim consideration considered contract costs Court creditors death debt decree deed defendant demand devised direct discharge dividends dollars effect entitled equity Evidence execution executor fact filed fraud fund further give given granted ground guardian held husband Husband and Wife Ibid Injunction intended interest Johns judgment Jurisdiction land legacy limitations Lord marriage matter ment mortgage mortgagor necessary notice objection paid party passed payment plaintiff plea Pleadings possession Practice premises principal proceeds profits purchaser question real estate reason received reference remedy rule sell settlement shares society sold statute STEWART sufficient suit taken tion trust whole wife
Page 144 - If the payment be less than the interest, the surplus of interest must not be taken to augment the principal; but interest continues on the former principal until the period when the payments, taken together, exceed the interest due, and then the surplus is to be applied towards discharging the principal; and interest is to be Computed on the balance, as aforesaid.
Page 144 - The rule for casting interest, when partial payments have been made, is to apply the payment, in the first place, to the discharge of the interest then due. If the payment exceeds the interest, the surplus goes towards discharging the principal, and the subsequent interest is to be computed on the balance of principal remaining due.
Page 72 - So it was early held that where a testator devised all his real and personal estate to his wife for life, and after her death to his son and...
Page 28 - It is true that the assignee of a chose in action takes it subject to all the equities to which it was subject in the hands of the assignor...
Page 347 - In a republic, where fortunes are not affluent, and pensions not expedient, the dismission of men from stations in which they have served their country long and usefully, and on which they depend for subsistence, and from which it will be too late to resort to any other occupation for a livelihood, ought to have some better apology to humanity than is to be found in the imaginary danger of a superannuated bench.
Page 145 - Co., after enumerating all the charges on the cargo and ship, therein charged to the plaintiff a commission of two and a half per cent. 'on the amount of the goods and charges.
Page 355 - Nottingham, was a person of the greatest abilities and most uncorrupted integrity ; a thorough master and zealous defender of the laws and constitution of his country ; and endued with a pervading genius, that enabled him to discover and to pursue the true spirit of justice, notwithstanding the embarrassments raised by the narrow and technical notions which then prevailed in the courts of law, and the imperfect ideas of redress which had possessed the courts of equity.
Page 264 - But I apprehend the words of Lord THURLOW are to be taken with considerable qualification ; and that it is essentially a question of intention, when we are inquiring into the character of the legacy, upon the distinction taken in the civil law, between a demonstrative legacy, where the testator gives a general legacy, but points out the fund to satisfy it, and where he bequeaths a specific debt.
Page 201 - Ch. 139, it was held that a creditors' bill could be filed against several persons relative to matters of the same nature, forming a connected series of acts, all intended to defraud and injure the plaintiffs, and in which all the defendants were more or less concerned, though not jointly in each act.
Page 336 - But that is only in cases where the right is controverted by numerous persons, each standing on his own pretensions, and it has no application to the case of one or more persons choosing to persevere in acts of trespass, in despite of suits and recoveries against them.