The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit, and District Courts, Appellate Courts of the Several States, State and City Courts of New York and English Courts, 5±ÇMcDivitt, Campbell & Company, 1878 |
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3 ÆäÀÌÁö
... evidence , under objection and exception , the certificate of a notary , Opinion by Folger , J. All con- stating among other things , that he cur , Andrews , J. , in result . .NEGOTIABLE PAPER . TEST . presented the draft " at the place ...
... evidence , under objection and exception , the certificate of a notary , Opinion by Folger , J. All con- stating among other things , that he cur , Andrews , J. , in result . .NEGOTIABLE PAPER . TEST . presented the draft " at the place ...
4 ÆäÀÌÁö
... evidence whatever that the pre- sentment and demand were at the place where the draft was payable . The proof was fatally defective , and the motion for a nonsuit should have been granted . The respondent's counsel proposed to supply ...
... evidence whatever that the pre- sentment and demand were at the place where the draft was payable . The proof was fatally defective , and the motion for a nonsuit should have been granted . The respondent's counsel proposed to supply ...
5 ÆäÀÌÁö
... evidence tending to show that the plaintiff could have had em- ployment elsewhere is that of the president of the company , who testi- fied that in November he told plain- tiff that he had asked one Leighton if he could give Macy ...
... evidence tending to show that the plaintiff could have had em- ployment elsewhere is that of the president of the company , who testi- fied that in November he told plain- tiff that he had asked one Leighton if he could give Macy ...
6 ÆäÀÌÁö
... evidence , a question of fact . 59 N. Y. , 292 . This was an action to recover dam - lision , were questions for the jury ; ages for injuries to a canal boat belonging to plaintiffs , in tow of the steam tug O. , received in a collision ...
... evidence , a question of fact . 59 N. Y. , 292 . This was an action to recover dam - lision , were questions for the jury ; ages for injuries to a canal boat belonging to plaintiffs , in tow of the steam tug O. , received in a collision ...
11 ÆäÀÌÁö
... EVIDENCE . N. Y. COURT OF APPEALS . De Forest , respt . , v . City of Utica , applt . Decided April 17 , 1877 . In an action to recover for injuries received by reason of a defect in a sidewalk , the accident happening on Saturday , ...
... EVIDENCE . N. Y. COURT OF APPEALS . De Forest , respt . , v . City of Utica , applt . Decided April 17 , 1877 . In an action to recover for injuries received by reason of a defect in a sidewalk , the accident happening on Saturday , ...
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action was brought affidavit agreement alleged amount application applt appointed assessment assignment attorney bank bill of lading bond cause of action charge claim Code complaint concur contract corporation County COURT OF APPEALS Court of Equity creditors damages debt Decided December Decided November Decided October Decided September deed defendant defendant's denied entitled error evidence execution executor fact fendant foreclosure FOURTH DEPT fraud granted Held indorsed injury issued judge Judgment affirmed judgment for plaintiff jurisdiction jury land lease liable lien ment mortgage motion N. Y. COURT N. Y. SUPREME COURT negligence notice Opinion owner paid party payment person plain plaintiff in error plff possession premises proceedings promissory note proof purchase question railroad Rapallo receiver recover referee respt SECOND DEPT Special Term statute surety testator thereof THIRD DEPT tiff tion trial trust verdict void
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480 ÆäÀÌÁö - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person, under the existing circumstances would not have done.
37 ÆäÀÌÁö - States hereinbefore named, as may maintain a loyal adhesion to the Union and the Constitution, or may be from time to time occupied and controlled by forces of the United States engaged in the dispersion of said insurgents...
215 ÆäÀÌÁö - The inquiry must, therefore, always be whether there was any intermediate cause disconnected from the primary fault, and self-operating, which produced the injury.
366 ÆäÀÌÁö - State, subject only to the two restrictions, that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State...
310 ÆäÀÌÁö - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
75 ÆäÀÌÁö - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
523 ÆäÀÌÁö - There was some conflict of evidence as to the rate of speed at which the train was running at the time, and whether its bell was rung and its whistle sounded.
214 ÆäÀÌÁö - The true rule is that what is the proximate cause of an injury is ordinarily a question for the Jury. It is not a question of science or of legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending it.
48 ÆäÀÌÁö - He has no right to appropriate a sign or a symbol, which, from the nature of the fact it is used to signify, others may employ with equal truth, and therefore have an equal right to employ for the same purpose...
366 ÆäÀÌÁö - ... at a greater rate than is assessed upon such bonds ; and that, therefore, the taxation complained of is in violation of the act of Congress forbidding the taxation of national shares at a greater rate than is assessed upon other moneyed capital in the hands of individuals.