Reports of Cases Argued and Determined in the Court of Chancery of the State of New York [1843-1847, Before the Hon. Lewis H. Sandford, Assistant Vice-chancellor of the First Circuit, Volumen3
Gould, Banks & Company, 1848
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acres agreed agreement alleged amount answer appeared applied assignment association authority bank became benefit bill bond bridge called cause cent certificates charge claim Clarke complainants consideration contract conveyed corporation costs court creditors death debt decree deed defendant devise died direct effect entitled equity evidence executed executors facts farm filed five fund further Gilbert give given ground hands Harlem heirs held Insurance intended interest issue John judgment lands latter Lawrence lien loan lots March mind mortgage notice objection obtained paid parties payable payment possession premises present principal proof proved provision purchase question Rail Road real estate received reference remaining rents respect shares Smith sold statute suit taken testimony transaction Trust Company usury valid whole wife witness York
Página 356 - ... blessed be Almighty God for the same, do make and publish this my last will and testament, in manner and...
Página 188 - Upon the authority of these cases, and of others which are to be found in the books, as well as upon general principles, this court is of opinion that, in a case of fraud, of trust, or of contract, the jurisdiction of a court of chancery is sustainable wherever the person be found, although lands not within the jurisdiction of that court may be affected by the decree.
Página 466 - ... the amount of the capital stock, and the number of shares into which it is divided; and at least ten per cent of that amount must be subscribed before directors can be chosen.
Página 33 - Without ascribing to this body, which in its corporate capacity is the mere creature of the act to which it owes its existence, all the qualities and disabilities annexed by the common law to ancient institutions of this sort, it may correctly be said to be precisely what the incorporating act has made it ; to derive all its powers from that act, and to be capable of exerting its faculties only in the manner which that act authorizes.
Página 187 - Those cases clearly show, that with regard to any contract made or equity between persons in this country respecting lands in a foreign country, particularly in the British dominions, this court will hold the same jurisdiction as if they were situated in England.
Página 487 - The names and places of residence of the shareholders and the number of shares held by each of them. Fifth. The fact that the certificate is made to enable such persons to avail themselves of the advantages of this Title.
Página 34 - It may be safely assumed that a corporation can make no contracts, and do no acts either within or without the state which creates it, except such as are authorized by its charter ; and those acts must also be done by such officers or agents, and in such manner as the charter authorizes.
Página 284 - Payment of the consideration will not, in general, be deemed such a part performance as to relieve a parol contract from the operation of the statute. But the reason for this, viz., that in such a case the repayment of the consideration will place the parties in the same situation in which they were before, shows that the rule applies to a moneyed consideration only.
Página 549 - The absolute ownership of personal property shall not be suspended by any limitation or condition, for a longer period than during the continuance and until the termination of not more than two lives in being at the date of the instrument containing such limitation or condition ; or, if such instrument be a last will and testament, for not more than two lives in being at the death of the testator.