Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, 81권 |
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36 페이지
... appellants . VAN BRUNT , P. J. , INGRAHAM , MCLAUGHLIN and Laughlin , JJ . , concurred . Order reversed and report ... Appellant . Accord and satisfaction · the use of a check sent " in full settlement of all claims " the rule that the ...
... appellants . VAN BRUNT , P. J. , INGRAHAM , MCLAUGHLIN and Laughlin , JJ . , concurred . Order reversed and report ... Appellant . Accord and satisfaction · the use of a check sent " in full settlement of all claims " the rule that the ...
46 페이지
... appellant to abide event . MAX HAUSMAN , Respondent , v . ELIZABETH HERDTFELDER , Appellant . ― Real estate agent's commissions · not earned , although a purchaser refuses to com- plete the purchase because of the owner's misstatement ...
... appellant to abide event . MAX HAUSMAN , Respondent , v . ELIZABETH HERDTFELDER , Appellant . ― Real estate agent's commissions · not earned , although a purchaser refuses to com- plete the purchase because of the owner's misstatement ...
48 페이지
... appellant to abide event . CHARLES A. KEENE , Respondent , v . THE NEWARK WATCH CASE MATERIAL COMPANY , Appellant . Liability upon a bond to secure against loss one delivering gold to a manufacturer - right to sue thereon — a fact ...
... appellant to abide event . CHARLES A. KEENE , Respondent , v . THE NEWARK WATCH CASE MATERIAL COMPANY , Appellant . Liability upon a bond to secure against loss one delivering gold to a manufacturer - right to sue thereon — a fact ...
51 페이지
... Appellant , v . WILLIAM J. O'BRIEN , Sheriff of New York County , and MICHAEL J. GANNON , Peace Officer , Respondents . THE PEOPLE OF THE STATE OF NEW YORK ex rel . JESSE LEWISOHN . Appellant v . WILLIAM E. WYATT , Justice of the Court ...
... Appellant , v . WILLIAM J. O'BRIEN , Sheriff of New York County , and MICHAEL J. GANNON , Peace Officer , Respondents . THE PEOPLE OF THE STATE OF NEW YORK ex rel . JESSE LEWISOHN . Appellant v . WILLIAM E. WYATT , Justice of the Court ...
67 페이지
... Appellant . When the court will authorize the issuing of a commission to take the oral examina- tion of a witness not within the State . The question whether , under a commission to take the testimony of a witness not within the State ...
... Appellant . When the court will authorize the issuing of a commission to take the oral examina- tion of a witness not within the State . The question whether , under a commission to take the testimony of a witness not within the State ...
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affidavit agent agreement alleged amended amount answer appellant application assessment assignment authority bank cause of action certificate chap Civil Procedure claim clause clerk Code of Civil commissioners complaint concurred contract county treasurer Court in favor damages death deceased defendant defendant's demurrer entered entitled evidence ex rel executors fact foreclosure FOURTH DEPARTMENT George Wagner grade granted held Impleaded indorsed injunction interest issued Judgment affirmed judgment debtor jurisdiction jury land lease lien MARCH TERM Matter ment mortgage motion O'Brien opinion owner paid party payment person plaintiff premises proceedings provisions question railroad company real estate real property received recover refused relator respondent reversed Special Term statute street supra Supreme Court Surrogate's Court sustained testator testified testimony therein thereof thereto THIRD DEPARTMENT tion town of Ulysses trial trust verdict Visscher wife witness writ York
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512 페이지 - Under pretense of regulating fares and freights, the state cannot require a railroad corporation to carry persons or property without reward : neither can it do that which in law amounts to a taking of private property for public use without Just compensation, or without due process of law.
263 페이지 - I hereby appoint sole executrix of this my last will and testament ; hereby revoking all former wills by me made.
539 페이지 - That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
109 페이지 - ... that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
228 페이지 - Where an appeal is taken upon the facts, the appellate court has the same power to decide the questions of fact, which the surrogate had ; and it may, in its discretion, receive further testimony or documentary evidence, and appoint a referee.
387 페이지 - County Courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment for a sum not exceeding two thousand County Courts Art. VI, § 14 dollars. The Legislature may hereafter enlarge or restrict the jurisdiction of the County Courts...
495 페이지 - The absolute ownership of personal property shall not be suspended by any limitation or condition, for a longer period than during the continuance and until the termination of not more than two lives in being at the date of the instrument containing such limitation or condition; or, if such instrument be a will, for not more than two lives in being at the death of the testator...
390 페이지 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
193 페이지 - Contractor , the Owner shall have the right to retain out of any payment then due or thereafter to become due an amount sufficient to completely indemnify against such lien or claim.
213 페이지 - And the court, following the New York case, said further : "A demurrer on the ground that the plaintiff has not legal capacity to sue would be bad, because it does not appear upon the face of the complaint that the plaintiff has not.