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Reports of Cases Argued and Determined in the Court of Appeals of the State of New York Volume 26

Reports of Cases Argued and Determined in the Court of Appeals of the State of New York Volume 26


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 edition. Excerpt: ... Andrews v. The Artisans' Bank. might be abated, and the harbor restored to its ancient situation; and the court decreed that the buildings be abated. The judgment in the case at bar is, that the defendant be restrained from erecting the proposed pier, &c., and that he remove the crib within thirty days after service upon him of a copy of the judgment. No authority has been cited to show that it was erroneous to require the defendant to remove the crib; and I think there is none. This part of the judgment is right upon principle, and is somewhat supported by the case of The Attorney-Gentral v. Richards (supra), and it ought to stand. The judgment of the Supreme Court should be affirmed, with costs. Davies, J., did not sit in this case; all the other judges were for affirmance--Marvin, J., upon the opinion of Selden, J.; Dento, Ch. J., and Wright, J., concurring with Balcom, J., that any erection in a public river is a nuisance per se; as the Keporter understood the other judges to do also. Judgment affirmed. Andrews v. The Artisans' Bank. The crediting by a bank to a dealer of the proceeds of a note which it had been induced to discount by his fraudulent representations, and the payment thereof upon his checks, do not prevent the bank from setting up the fraud by way of defence or counter-claim in his action for monejs subsequently deposited. Where such action is brought before the maturity of the note, evidence that the bank had offered to return it upon discovering the fraud is not a prerequisite to its giving proof of such fraud. Nor is it an objection that the bank was shown to have held the note and presented it for payment at maturity. The latter fact, it seems, is not conclusive that it had affirmed the contract of discount. This...


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Product Details
  • ISBN-13: 9781154995053
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 224
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1154995054
  • Publisher Date: 12 Oct 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 408 gr


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