The New York Supplement, Volume 116West Publishing Company, 1909 "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
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Page iii
... Appellate Division . EDWARD PATTERSON , PRESIDING JUSTICE . ASSOCIATE JUSTICES . GEORGE L. INGRAHAM . CHESTER B. MCLAUGHLIN . FRANK C. LAUGHLIN . JOHN PROCTOR CLARKE . JAMES W. HOUGHTON . FRANCIS M. SCOTT . Justices of the Appellate Term ...
... Appellate Division . EDWARD PATTERSON , PRESIDING JUSTICE . ASSOCIATE JUSTICES . GEORGE L. INGRAHAM . CHESTER B. MCLAUGHLIN . FRANK C. LAUGHLIN . JOHN PROCTOR CLARKE . JAMES W. HOUGHTON . FRANCIS M. SCOTT . Justices of the Appellate Term ...
Page iv
First Department - Cont'd . Justices of the Appellate Term , 1909 — Cont'd . HENRY A. GILDERSLEEVE , PRESIDING ... Appellate Division . MICHAEL H. HIRSCHBERG , PRESIDING JUSTICE . ASSOCIATE JUSTICES . Second Department - Cont'd ...
First Department - Cont'd . Justices of the Appellate Term , 1909 — Cont'd . HENRY A. GILDERSLEEVE , PRESIDING ... Appellate Division . MICHAEL H. HIRSCHBERG , PRESIDING JUSTICE . ASSOCIATE JUSTICES . Second Department - Cont'd ...
Page 7
... Appellate Term . April 8 , 1909. ) 1. COURTS ( 57 * ) — Procedure -- StenogrAPHERS - COMPENSATION . A stenographer ... terms of the order of reference , charging the expense to the defeated party , unless he knew of these terms ...
... Appellate Term . April 8 , 1909. ) 1. COURTS ( 57 * ) — Procedure -- StenogrAPHERS - COMPENSATION . A stenographer ... terms of the order of reference , charging the expense to the defeated party , unless he knew of these terms ...
Page 13
... Appellate Term . April 8 , 1909. ) 1. MASTER AND SERVANT ( § 39 * ) - BREACH OF CONTRACT OF EMPLOYMENT — AC- TION FOR DAMAGES - COMPLAINT . The complaint alleging that in March , 1907 , defendants employed plain- tiff for a period from ...
... Appellate Term . April 8 , 1909. ) 1. MASTER AND SERVANT ( § 39 * ) - BREACH OF CONTRACT OF EMPLOYMENT — AC- TION FOR DAMAGES - COMPLAINT . The complaint alleging that in March , 1907 , defendants employed plain- tiff for a period from ...
Page 25
... Appellate Term . April 8 , 1909. ) LANDLORD AND Tenant ( § 200 * ) — LIABILITY FOR RENT - FAILURE TO OUST DIS- REPUTABLE PEOPLE . Where a tenant who rented by the month remained on the premises for eight days after a promise by his ...
... Appellate Term . April 8 , 1909. ) LANDLORD AND Tenant ( § 200 * ) — LIABILITY FOR RENT - FAILURE TO OUST DIS- REPUTABLE PEOPLE . Where a tenant who rented by the month remained on the premises for eight days after a promise by his ...
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Common terms and phrases
act Laws affirmed agreement alleged amount Appeal from Municipal Appellate Division Appellate Term April 23 Argued before GILDERSLEEVE assessment attorney avenue award bank cause of action Cent charge Civil Procedure claim claimant Code Civ commissioners Company complaint concur contract corporation costs counsel damages decedent defendant defendant appeals defendant's demurrer Eminent Domain employé entitled evidence executor fact fendant filed granted guardian ad litem held judgment for plaintiff jury justice Kings County land lease liability lien matter ment Misc mortgage motion Municipal Court N. Y. Supp negligence Note Note.-For notice owner paid parties payment person plaintiff Pleading premises proceedings purchase question railroad received recover respondent reversed Special Term statute street Supreme Court Surrogate's Court tenant testified testimony thereof tiff tion trial ordered trust undertenants verdict Westchester County witness York County
Popular passages
Page 74 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 195 - ... other than costs and expenses allowed to the guardian by the> court, until he has given sufficient security, approved by a judge of the court, or a county judge, to account for and apply the same, under the direction of the court.
Page 813 - A deposit by one person of his own money, in his own name as trustee for another, standing alone, does not establish an irrevocable trust during the lifetime of the depositor. It is a tentative trust merely, revocable at will, until the depositor dies or completes the gift in his lifetime by some unequivocal act or declaration, such as delivery of the pass book or notice to the beneficiary.
Page 89 - The defendant placed ... in question on the market for use, and the defendant knew, or in the exercise of reasonable care should have known...
Page 643 - The power of the State to provide for the general welfare of its people authorizes it to prescribe all such regulations as, in its judgment, will secure or tend to secure them against the consequences of ignorance and incapacity as well as of deception and fraud.
Page 746 - ... contained in this Act shall be deemed and taken to mean all corporations, companies or individuals now owning or operating, or which may hereafter own or operate any railroad, in whole or in part, in this State, and the provisions of this Act shall apply to all persons, firms and companies, and to all associations of persons, whether incorporated or otherwise, that shall do business as common carriers upon any of the lines of railroad in this State (street railways excepted), the same as to railroad...
Page 595 - A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Page 533 - For the purpose of constituting an adverse possession by a person claiming a title founded upon a written instrument or a judgment or decree, land is deemed to have been possessed and occupied in either of the following cases: 1. Where it has been usually cultivated or improved.
Page 432 - You must look at it not with a view to the question whether, abstractedly, that quantity of smoke was a nuisance, but whether it was a nuisance to a person living in the town of Shields...
Page 781 - But where, in such an action against two or more defendants, the plaintiff is entitled to costs against one or more, but not against all of them, none of the defendants are entitle'd to costs, of course. In that case, costs may be awarded, in the discretion of the court, to any defendant, against whom the plaintiff is not entitled to costs, where he did not unite in an answer, and was not united in interest, with a defendant, against whom the D'.aintiflf is entitled to costs.