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acceptance action actual admitted agent agreement ALBANY amount appear apply assignment August authority banking bill bound brought cause charged claim common consideration considered contained contract conveyance conveyed corporation costs Court covenant creditors damages dated debt decided deed defendant delivered directed discharge dollars endorsed entered entitled error evidence execution existence fact fraud give given granted ground held husband Insurance intended interest issue Jackson January Johns judge judgment jury justice land March matter ment mortgage never NEW-YORK notice objection opinion owner paid parties partnership passed payment person plaintiff plea pleaded possession present principle proceedings promise proved purchaser question reason received recover rent rule says sheriff sold statute sufficient suit taken term third tion trial United unless verdict vessel Vide void wife witness
Page 301 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 229 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone — when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth.
Page 406 - All actions for which no other period of limitation is prescribed shall be commenced within six years next after the cause of such action.
Page 339 - Johns. 336) will warrant and support this plea. We there say a mere delay in calling on the principal will not discharge the surety.
Page 333 - That no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 201 - ... 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 omission is cured by the verdict...
Page 93 - Such parts of the common law, 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 nineteenth day of April, one...
Page 286 - It enacted that from and after the passing of this act, no person unauthorized by law should subscribe to or become a member of any association, institution or company, or proprietor of any bank or fund for the purpose of issuing notes, receiving deposits, making discounts or transacting any other business which incorporated banks may or do transact by virtue of their respective acts of incorporation...
Page 298 - ... can be discovered it ought to be followed, with reason and discretion, in the construction of the statute, although such construction seem contrary to the letter of the statute.
Page 359 - The seisin of the husband for a transitory instant only, when the same act which gives him the estate conveys it also out of him again (as where by a fine, land is granted to a man, and he immediately renders it back by the same fine), such a seisin will not entitle the wife to dower: for the land was merely in transitu, and never rested in the husband, the grant and render being one continued act.