Practice Reports in the Supreme Court and Court of Appeals, Том 37Joel Munsell, 1869 |
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51 Barb affidavit affirmed agent agreement alleged amendment amount answer appeal application assignment attorney authority bank bill of lading cause of action charge claim Code common law complaint consent contract conveyance corporation costs counsel court of equity creditors Currie agt damages debt debtor defendant defendant's delivered delivery Digest entitled equity evidence execution fact fendant fraud ground held husband indorsed injunction intent interest issue judge judgment judgment debtor jurisdiction jury justice Kaliske land lease liable lien mandamus ment mortgage motion notice owner paid party payment person plaintiff possession premises proceedings promissory note provisions purchase question received recover referee reference refused rendered rent rule special term statute statute of frauds stockholders supreme court tenant testator thereof tiff tion trial trust usury verdict vessel void Wend wife York
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Страница 128 - The rule of law is clear that where one, by his words or conduct, wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Страница 469 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Страница 132 - But the language of the learned judge who delivered the opinion of the court in that case is conclusive on the point of a mortgage. "The United States," said he, "are to be first satisfied; but then it must be out of the debtor's estate.
Страница 205 - ... giving and granting unto my said attorney 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...
Страница 231 - A receiver may be appointed, — 1. Before judgment, on the application of either party, when he establishes an apparent right to property which is the subject of the action, and which is in the possession of an adverse party, and the property, or its rents and profits, are in danger of being lost, or materially injured or impaired; except in cases where judgment upon failure to answer may be had without application to the court ; 2.
Страница 169 - That no bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part of any vessel of the United States, shall be valid against any person other than the grantor or mortgagor, his heirs and devisees, and persons having actual notice thereof, unless such bill of sale, mortgage, hypothecation, or conveyance be recorded in the office of the collector of customs where such vessel is registered or enrolled.
Страница 170 - ... no bill of sale, mortgage, hypothecation, conveyance, or discharge of mortgage or other incumbrance of any vessel, shall be recorded, unless the same is duly acknowledged before a notary public, or other officer authorized to take acknowledgment of deeds.
Страница 205 - Giving and granting unto my said attorney 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, hereby ratifying and confirming all that my said attorney shall lawfully do, or cause to be done, by virtue of these presents.
Страница 376 - where the acts of the agent will bind the principal, there his representations, declarations, and admissions respecting the subject-matter will also bind him, if made at the same time, and constituting part of the res gestae.
Страница 320 - I have shown has not been the fact, held that the consideration may be implied or inferred upon the general principle applicable to all instruments or agreements, that whatever may be fairly implied from the terms or language of an instrument is in judgment of law contained in it.