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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Results 1-5 of 100
Page 24
... special defense the six - year statute of limitations . The evidence abundantly establishes that the breach by the ... Special Term ( 63 App . Div of the Second Department upon appeal , on the opinion of Mr. Jus- 24 ( Sup . Ct ...
... special defense the six - year statute of limitations . The evidence abundantly establishes that the breach by the ... Special Term ( 63 App . Div of the Second Department upon appeal , on the opinion of Mr. Jus- 24 ( Sup . Ct ...
Page 25
... Special Term seems to me to be equally ap- plicable and controlling in a case where the plaintiff may elect to claim as well the value of the broken contract , as presumptively being the compensation for the full service . Such opinion ...
... Special Term seems to me to be equally ap- plicable and controlling in a case where the plaintiff may elect to claim as well the value of the broken contract , as presumptively being the compensation for the full service . Such opinion ...
Page 33
... Special Term denied his application , on the ground that it appeared the mortgage had not been paid . We think this is an erroneous view of the statute . The provision requiring the production of a mortgage on its being satisfied , and ...
... Special Term denied his application , on the ground that it appeared the mortgage had not been paid . We think this is an erroneous view of the statute . The provision requiring the production of a mortgage on its being satisfied , and ...
Page 57
... Special Term , New York County . Action by Frank L. Perley against the Morning Telegraph Com- pany . From an ... terms ; that on the plaintiff's side he was restrained from booking any company with Klaw & Erlanger , and , on the ...
... Special Term , New York County . Action by Frank L. Perley against the Morning Telegraph Com- pany . From an ... terms ; that on the plaintiff's side he was restrained from booking any company with Klaw & Erlanger , and , on the ...
Page 62
... Special Term , Westchester County . October , 1908. ) 1. VENUE ( § 52 * ) - CHANGE OF VENUE - CONVENIENCE OF WITNESSES . It is not the practice to change the place of trial of a civil action to New York county merely for the convenience ...
... Special Term , Westchester County . October , 1908. ) 1. VENUE ( § 52 * ) - CHANGE OF VENUE - CONVENIENCE OF WITNESSES . It is not the practice to change the place of trial of a civil action to New York county merely for the convenience ...
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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.