Reports of Cases Heard and Determined in the Supreme Court of the State of New York, Volume 80; Volume 87Banks & Bros., 1894 |
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Common terms and phrases
action brought affidavit agreement alleged amount appellant application assignment authority Bank bond BRUNT bush lot cause of action charge city and county Civil Procedure claim clerk Code of Civil complaint concurred contract corporation costs and disbursements Court in favor Court of Sessions creditors crime damages deceased DECEMBER TERM deed defendant defendant's delivered denying entered entitled evidence execution executors fact FOLLETT FOURTH DEPARTMENT gang plank granted held HUN-VOL Impleaded intent interest issued Judgment affirmed jury Kings County land liable lien LXXIII ment mortgage motion N. Y. St NOVEMBER TERM Oneida county paid parties payment person Pickert plaintiff possession premises proceedings proof purchase question railroad company received recover referee rendered respondent reversed rule SECOND DEPARTMENT statute street Supreme Court Surrogate's Court testator testified testimony therein thereof tion trial trustees verdict witness
Popular passages
Page 42 - Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action ; or, — 3. Unless the buyer shall at the time, pay some part of the purchase money.
Page 346 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 323 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 50 - No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes.
Page 464 - Generally it is for the Legislature to determine what laws and regulations are needed to protect the public health and secure the public comfort and safety, and while its measures are calculated, intended, convenient and appropriate to accomplish these ends, the exercise of its discretion is not subject to review by the courts.
Page 68 - Extortion is the obtaining of property from another, with his consent, induced by a wrongful use of force or fear, or under color of official right.
Page 76 - ... 2. Property of any value, by taking the same from the person of another; or, 3.
Page 210 - After hearing the appeal, the court must give judgment without regard to technical errors or defects, or to exceptions, which do not affect the substantial rights of the parties.
Page 290 - To give a third party, who may derive a benefit from the performance of the promise, an action, there must be, first, an intent by the promisee, to secure some benefit to the third party, and second, some privity between the two, the promisee and the party to be benefited, and some obligation or duty owing from the former to the latter which would give him a legal or equitable claim to the benefit of the promise, or an equivalent from him personally.
Page 68 - A person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime was consummated, unless the court, in its discretion, discharges the jury and directs the defendant to be tried for the crime itself.