Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Том 39F.D. Linn & Company, 1885 |
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Страница 32
... of the guardian to put it in tenantable condition . He had the means to do so . He let Lacy into possession under the contract . That agreement was made Smith v . Gummere . on the 2d of March 32 [ 39 Eq . CASES IN CHANCERY .
... of the guardian to put it in tenantable condition . He had the means to do so . He let Lacy into possession under the contract . That agreement was made Smith v . Gummere . on the 2d of March 32 [ 39 Eq . CASES IN CHANCERY .
Страница 40
... contract for the sale of lands alleged to have been made by the executor , who had a testamentary power of sale , the vendee is incompetent to prove the contract . Bill for specific performance . On final hearing on pleadings and proofs ...
... contract for the sale of lands alleged to have been made by the executor , who had a testamentary power of sale , the vendee is incompetent to prove the contract . Bill for specific performance . On final hearing on pleadings and proofs ...
Страница 42
... contract is not sufficient . The re- ceipt is not produced . Amos Palmateer says it is lost . The evidence of the loss itself is not altogether satisfactory . He says he does not know where it is , nor how it got lost - not positively ...
... contract is not sufficient . The re- ceipt is not produced . Amos Palmateer says it is lost . The evidence of the loss itself is not altogether satisfactory . He says he does not know where it is , nor how it got lost - not positively ...
Страница 45
... . The proof of the contract is insufficient . There is , in fact , no com- petent evidence of it at all . The bill will be dismissed , with costs . Cuming v . Robins . JAMES R. CUMING , trustee 12 STEW . ] 45 OCTOBER TERM , 1884 .
... . The proof of the contract is insufficient . There is , in fact , no com- petent evidence of it at all . The bill will be dismissed , with costs . Cuming v . Robins . JAMES R. CUMING , trustee 12 STEW . ] 45 OCTOBER TERM , 1884 .
Страница 76
... contract for a policy is made by a known agent , and nothing is said respecting any declaration of interest , the contract is to insure the property of the principal , and in order that this contract may take effect , power is impliedly ...
... contract for a policy is made by a known agent , and nothing is said respecting any declaration of interest , the contract is to insure the property of the principal , and in order that this contract may take effect , power is impliedly ...
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agreement alleged allowed amount answer appears applied appointed ascer assignment Atlantic City authority bill board of health C. E. Gr CHANCELLOR charge claim clerk complainant complainant's contract conveyed costs court of chancery court of equity creditors death debt deceased declared decree deed defendant demurrer domicile dower entitled equity evidence execution executors fact filed final hearing foreclosure fraud guardian held Hendrickson husband Improvement interest James Horner Jersey City judgment land laws of France loan marriage matter ment Morris mortgage ne exeat orphans court paid parties payment persons plainant plaintiff premises proof purchase question Railroad Company real estate received relief rent riparian owner says sheriff's sale sold statute Stew suit testator's testifies testimony thereof tion Trenton trust Trustees of Public West Line grant wife William Woolley York
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Страница 205 - ... full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation; hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do, or cause to be done, by virtue hereof.
Страница 217 - Whenever, however, the relations between the contracting parties appear to be of such a character as to render it certain that they do not deal on terms of equality but that either on the one side from superior knowledge of the matter derived from a fiduciary relation, or from overmastering influence. or on the other from weakness, dependence, or trust justifiably reposed, unfair advantage in a transaction is rendered probable...
Страница 446 - 2. The State of New York shall have the exclusive jurisdiction of and over the wharves, docks and improvements made and to...
Страница 180 - It is an established rule of this court that it is not open to any party to question the orders of this court, or any process issued under the authority of this court, by disobedience. I know of no act which this court may do which may not be questioned in a proper form and on a proper application; but I am of opinion that it is not competent for any one ... to disobey an injunction, or any other order of the court, on the ground that such orders were made improvidently.
Страница 559 - If a Party, acting in ignorance of a plain and settled principle of Law, is induced to give up a portion of his indisputable Property to another under the name of Compromise, a. Court of Equity will relieve him from the effect of his mistake.
Страница 541 - It is not every concealment, even of facts material to the interest of a party, which will entitle him to the interposition of a Court of Equity. The case must amount to the suppression of facts which one party under the circumstances is bound in conscience and duty to disclose to the other party, and in respect to which he cannot innocently be silent.
Страница 170 - Immediate delivery and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees In good faith...
Страница 129 - But the true principle requires something more than a mere designation by such characteristics as will serve to classify...
Страница 172 - When there are two acts on the same subject the rule is to give effect to both if possible. But if the two are repugnant in any of their provisions, the latter act, without any repealing clause, operates to the extent of the repugnancy as a repeal of the first...
Страница 285 - ... to the factum of residence there must be added the animus manendi ; and that place is the domicile of a person in which he has voluntarily fixed his habitation, not for a mere temporary or special purpose, but with a present intention of making it his home, unless or until something which is uncertain or unexpected shall happen to induce him to adopt some other permanent home.