Reports of Cases Argued and Determined in the Court of Appeals of the State of New York, Volumen7New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Erasmus Peshine Smith, Francis Kernan, Joel Tiffany, Samuel Hand Lawyer's Co-Operative Publishing Company, 1884 |
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affirmed alien American Art Union amount applied assignment assumpsit authority award bailment Bank Barb bill Black River canals bond and mortgage Canajoharie canal-revenue certificates canals charge claim clause Concurring opinion constitution contract corporation counsel creditors damages debt declaration deed defendant delivered demurrer devise directed discharge Dissenting opinion dower duty entitled Erie Canal evidence execution fact favor flour fund GARDINER ground Indians indorser intention interest issue JEWETT judge judgment jury lands legislature liable ment mortgage nonsuit objection Ogden and Fellows owner oyer and terminer paid parties payable payment person plaintiff plaintiff in error possession premises principle promissory notes provisions purchase purpose question Ralph Clark received recover remainder revenues reversed RUGGLES Seneca Nation Statement statute supreme court term testator thereof tion Tonawanda Tonawanda reservation took this appeal Towanda treaty trial trust verdict void Wend York
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Página 12 - ... provide for the collection of a direct annual tax to pay, and sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within eighteen years from the time of the contracting thereof.
Página 41 - As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Página 40 - ... between parties, a statute, or a constitution with a view to its interpretation, the thing which we are to seek is the thought which it expresses. To ascertain this, the first resort in all cases is to the natural signification of the words employed, in the order of grammatical arrangement in which the framers of the instrument have placed them.
Página 12 - In addition to the above limited power to contract debts, the state may contract debts to repel invasion, suppress insurrection, or defend the state in war ; but the money arising from the contracting of such debts shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever.
Página 426 - The forms of pleading in civil actions, and the rules by which the sufficiency of the pleadings is to be determined, are those prescribed in this code.
Página 426 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Página 11 - The State may, to meet casual deficits or failures in revenues, or for expenses not provided for, contract debts, but such debts, direct and contingent, singly or in the aggregate, shall not at any time exceed one million of dollars; and the moneys arising from the loans creating such debts shall be applied to the purpose for which they were obtained, or to repay the debt so contracted, and to no other purpose whatever.
Página 38 - ... the remainder of the revenues of the said canals shall, in each fiscal year, be applied, in such manner as the Legislature shall direct, to the completion of the Erie Canal enlargement, and the Genesee Valley and Black River canals, until the said canals shall be completed.
Página 85 - No moneys shall ever be paid out of the treasury of this State, or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law; nor unless such payment be made within two years next after the passage of such appropriation act...
Página 374 - We think, the judgment of the court below was right, and should be affirmed.