Reports of Cases Determined in the Court of Chancery And, on Appeal, in the Court of Errors and Appeals of the State of New Jersey, Volumen1Printed at the "True American" Office, 1856 |
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admit affidavit aforesaid agreement Amanda Scott amount answer appears assignment authority bridge Chancellor charge charter circumstances claim Colonel Thorn complainant complainant's consideration conveyance counsel court of chancery court of equity creditors debt deceased decree deed defendants deny Elizabethtown entitled erected evidence executed executor executrix fact filed fraud fraudulent Freas fund ground Herman Thorn hundred dollars injunction insisted insolvent interest issued John John Arrowsmith John Endicott judgment land lease legacy legatee Leonard Scott lien Lucretia matter ment Miss Hait mortgage navigation opinion paid parties Passaic Passaic river payment personal estate Philemon Dickerson Philip Gamble piers plainant plaintiff possession premises purchase purpose question real estate receivers relief rents residuary estate residue river rule secure sell share sold statute stockholders suit thereof Thomas Gordon Thorn thousand dollars tion transaction Trenton Delaware Falls trustees usury wife witness
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Página 331 - Judge, but of that sound and reasonable discretion which governs itself as far as it may by general rules and principles ; but at the same time which withholds or grants relief, according to the circumstances of each particular case, when these rules and principles will not furnish any exact measure of justice between the parties.
Página 674 - The officers of the bank are held out to the public as having authority to act, according to the general usage, practice, and course of...
Página 96 - ... make all and every insurance appertaining to or connected with marine risks and risks of transportation and navigation.
Página 231 - ... which will shortly be mentioned. For if persons having a confidential character were permitted to avail themselves of any knowledge acquired in that capacity, they might be induced to conceal their information, and not to exercise it for the benefit of the persons relying upon their integrity. The characters are inconsistent.
Página 234 - ... to be allowed to purchase, and the court will then examine into the circumstances, ask who had the conduct of the transaction, whether there is reason to suppose the premises could be sold better, and upon the result of that inquiry will let another person prepare the particular sale, and allow the trustee to bid
Página 687 - This instrument in its form is an acknowledgment by the King of Prussia that the sum mentioned in the bond is due to every person who shall for the time being be the holder of it; and the principal and interest is payable in a certain mode and at certain periods mentioned in the bond. It is, therefore, in its nature precisely analogous to a banker's note payable to bearer, or to a bill of exchange indorsed in blank.
Página 173 - It is not sufficient to show that injustice has been done, but that it has been done under circumstances which authorize the court to interfere...
Página 694 - ... would justify us in holding these securities to differ from common obligations, in being so far negotiable that the bona fide possessor shall be held to have a good title. But the case is still stronger against the party which made and issued them, with full knowledge of the prevailing usage, and with the manifest design that they should be so circulated. To permit such parties to dispute this result of the usage, would be to permit them to take advantage of their own wrong. And besides, the...
Página 574 - Stat., 214), by which it is enacted, that the sentence or decree of the orphans' court on the final settlement and allowance of the accounts of executors, shall be conclusive upon all parties, and shall exonerate and forever discharge every such executor from all demands of creditors, legatees, or others, beyond the amount of such settlement, except...
Página 716 - It is none the less conclusive because rendered by default. " The collusiveness of a judgment upon the rights of the parties does in nowise depend upon its form or upon the fact that the court investigated or decided the legal principles involved ; a judgment by default or upon confession is in its nature just as conclusive upon the rights of the parties before the court as a judgment upon a demurrer or verdict.