Reports of Cases Argued and Determined in the Supreme Court And, at Law, in the Court of Errors and Appeals of the State of New Jersey, Том 19Soney and Sage, 1877 |
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action Adm'r administrator Admr agreement amend amount appears assigned assumpsit bail bond Bell adsm bill Brister Bruen Certiorari Christina Jones Circuit Court Common Pleas Cook adsm Cortelyou costs counsel count court of Common courts of equity Crombie debt decease declaration deed defendant defendant's demand discharged Engle error evidence execution Executors of Creveling fact fendant four hundred dollars fraud or mistake give given Gregory Halst hand writing HORNBLOWER Houten indorser intention intestate Jessup John Holmes Jones judge judgment jury justice legacy legatee levied liable manumission Margaret Smith ment money paid Morris Canal opinion Orphans overseer parties payable payment persons Piscataway plaintiff plaintiff in Error possession proved question R. P. Bell recover rent replevin reversed sheriff show cause signature Smith Solomon adsm statute sufficient surety term testator tickets tion township trespass trial of small trover Vanderveer verdict witness
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Стр. 14 - AB in the farther sum of pounds, of like lawful money, for so much money, by the said AB before that time, paid, laid out, and expended to and for the use of...
Стр. 57 - It is a well-settled principle of law that the acts of such persons are valid when they concern the public, or the rights of third persons who have an interest in the act done: People v.
Стр. 154 - The rules laid down in respect of the construction of deeds are founded in law, reason and common sense — that they shall operate according to the intention of the parties, if by law they may ; and if they cannot operate in one form, they shall operate in that which by law will effectuate the intention.
Стр. 183 - ... and dying in the lifetime of the latter, may be charged, by virtue of such obligation, in the same manner as such representative might have been charged, if the obligors had been bound severally as well as jointly.
Стр. 152 - ... to have and to hold the said premises with all and singular the appurtenances unto the said party of the second part his heirs and assigns to the only proper use benefit and behoof of the said party of the second part his heirs and assigns forever...
Стр. 20 - And we take it to be incontrovertibly settled that indebitatus a^sumpsit will lie to recover the stipulated price due on a special contract, not under seal, where the contract has been completely executed; and that it is not, in such case, necessary to declare upon the special agreement.
Стр. 203 - The general rule, on this subject, from a review of the numerous cases, appears evidently to be, that where the sum is repeated, in the same writing, the legatee can take only one of the sums bequeathed. The latter sum is held to be a substitution, and they are not taken cumulatively, unless there be some evident intention that they should be so considered, and it lays with the legatee to show that intention and rebut the contrary presumption. But where the two bequests are in different instruments...
Стр. 165 - To maintain trover or trespass de bonis asportatis, evidence of an actual forcible dispossession of the plaintiff is not necessary. Any unlawful interference with the property, or exercise of dominion over it, by which the owner is damnified, is sufficient to maintain either action.
Стр. 162 - replevin lies where trespass de bonis asportatis will lie. The plaintiff must have property general or special, and possession either actual or constructive.
Стр. 77 - Courts of law have concurrent jurisdiction with courts of equity in cases of fraud : and will not permit a plaintiff to recover in any case, where upon the same evidence of actual or constructive fraud, a court of equity would decree against him.