Miscellaneous Reports. Cases Decided in the Courts of Record of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Volume 118Lawyers Co-operative Publishing Company, 1922 "Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly) |
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Results 1-5 of 100
Page 23
... evidence on a material issue which might be submitted to a jury . All that the rule requires is that the defendant shall show that it has such evidence . Upon such a showing the court cannot pass upon the conflict thus created . However ...
... evidence on a material issue which might be submitted to a jury . All that the rule requires is that the defendant shall show that it has such evidence . Upon such a showing the court cannot pass upon the conflict thus created . However ...
Page 60
... evidence and not necessarily by written evidence . Again doubt arose as to whether the principles enunciated by the earlier decisions heretofore cited had been entirely disapproved of by those last above referred to . Happily , this ...
... evidence and not necessarily by written evidence . Again doubt arose as to whether the principles enunciated by the earlier decisions heretofore cited had been entirely disapproved of by those last above referred to . Happily , this ...
Page 76
... evidence convincingly establishes that the check was procured by fraud and that the name of the payee and indorser was fictitious as pleaded in the answer , a judgment in favor of plaintiff will be reversed and the complaint dismissed ...
... evidence convincingly establishes that the check was procured by fraud and that the name of the payee and indorser was fictitious as pleaded in the answer , a judgment in favor of plaintiff will be reversed and the complaint dismissed ...
Page 97
... evidence that the law requires in a case of this character . Judge Keck's test mony was not based upon inferences or con- jecture as suggested in defendant's brief , but was an intelligent narrative of th ngs he heard and saw , and in ...
... evidence that the law requires in a case of this character . Judge Keck's test mony was not based upon inferences or con- jecture as suggested in defendant's brief , but was an intelligent narrative of th ngs he heard and saw , and in ...
Page 122
... evidence has been taken , but I have considered only that which bears on the ground of estoppel . It is only in case of ambiguity , unexplained by any other part of the will , that such evidence is receivable in the interpretation of a ...
... evidence has been taken , but I have considered only that which bears on the ground of estoppel . It is only in case of ambiguity , unexplained by any other part of the will , that such evidence is receivable in the interpretation of a ...
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Common terms and phrases
affd agreement alleged amended amount Appellate Term application April attorney authority bank bill of lading Bronx County canal cause of action certificate chap Chapman Civil Practice Act Civil Procedure claimant complaint Constitution contract corporation costs counsel court of equity creditors damages death deceased decedent decree deed defendant defendant's denied dismissed entitled Estate Law evidence ex rel execution executor fact favor February filed grand jury granted held interest issue judgment June jurisdiction lease letters testamentary liability March Matter Misc mortgage motion notice officer Ordered accordingly owner paid parties payment person plaintiff pleadings premises probate proceeding purchase purpose question railway company real property reason received recover rule securities statute street supra Supreme Court Surrogate's Court tenant testator testatrix testimony thereof trial trust verdict Westchester County witnesses York County
Popular passages
Page 750 - All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative...
Page 466 - All persons may be joined in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist whether jointly, severally or in the alternative, where if such persons brought separate actions any common question of law or fact would arise...
Page 29 - A person is insolvent within the meaning of this act who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not, and whether he is insolvent within the meaning of the federal bankruptcy law or not. (4) Goods are in a "deliverable state...
Page 296 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to my beloved wife, Susie E. Smith, to have and to hold to her, my said wife, and to her heirs and assigns forever.
Page 790 - ... the loss shall not become payable until sixty days after the notice, ascertainment, estimate, and satisfactory proof of the loss herein required have been received by this company, including an award by appraisers when appraisal has been required.
Page 695 - ... to voters, or of receiving, recording or counting votes at elections, shall secure equal representation of the two political parties which, at the general election next preceding that for which such boards or officers are to serve, cast the highest and the next highest number of votes. All such boards and officers shall be appointed or elected in such manner, and upon the nomination of such representatives of said parties respectively, as the legislature may direct. Existing laws on this subject...
Page 790 - This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding on its part relating to the appraisal or to any examination herein provided for...
Page 311 - It appears to me the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law book.
Page 79 - The terms of the act of congress, therefore, include shares of stock or other interests owned by individuals in all enterprises in which the capital employed in carrying on its business is money, where the object of the business is the making of profit by its use as money. The moneyed capital thus employed is invested for that purpose in securities by way of loan, discount, or otherwise, which are from time to time, according to the rules of the business, reduced again to money and reinvested.
Page 419 - They are in every instance the sole judges of the facts, and, when called as grand jurors, they are the judges of the law as well as of the facts.