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 72Lawyers Co-operative Publishing Company, 1911 - Law reports, digests, etc "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) |
From inside the book
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Page 8
... application for a warrant of attach- ment . It appears conclusively that Rivkin Bros. were non- residents of the State and had no place of business in the city of New York ; that the writ of attachment and the papers upon which it was ...
... application for a warrant of attach- ment . It appears conclusively that Rivkin Bros. were non- residents of the State and had no place of business in the city of New York ; that the writ of attachment and the papers upon which it was ...
Page 27
... application of these rules , the " practical result is that the landlord , on the one hand , receives as rent all the tenant agreed to pay , while the tenant , on the other hand , recovers as damages a sum sufficient to make good his ...
... application of these rules , the " practical result is that the landlord , on the one hand , receives as rent all the tenant agreed to pay , while the tenant , on the other hand , recovers as damages a sum sufficient to make good his ...
Page 28
... application . The reason of the rule was founded upon public policy . It was not regarded as safe or prudent to permit the contract of parties which had been carefully re- duced to writing and executed under seal to be modified or ...
... application . The reason of the rule was founded upon public policy . It was not regarded as safe or prudent to permit the contract of parties which had been carefully re- duced to writing and executed under seal to be modified or ...
Page 44
... Applying this test the common law may be said not to have undergone any change , so far as this question is con- cerned , and all our decisions on this matter are as appli- cable after as before the statutes were enacted . 6 ( The ...
... Applying this test the common law may be said not to have undergone any change , so far as this question is con- cerned , and all our decisions on this matter are as appli- cable after as before the statutes were enacted . 6 ( The ...
Page 58
... Application of JOHN D. BRAUE , Judg ment Creditor , in Proceedings Supplementary to Execu- tion upon a Judgment Recovered by Him as Plaintiff Against JOHN J. FOGARTY , Judgment Debtor , Defendant . LUCILLE PUGH , Receiver , Appellant ...
... Application of JOHN D. BRAUE , Judg ment Creditor , in Proceedings Supplementary to Execu- tion upon a Judgment Recovered by Him as Plaintiff Against JOHN J. FOGARTY , Judgment Debtor , Defendant . LUCILLE PUGH , Receiver , Appellant ...
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Common terms and phrases
alleged amount Appellate Term application appointed assessment attorney authority Bank BIJUR Buffalo Furnace cause of action City Court Civil Procedure claim Code of Civil Comer commissioner complaint constitute contract corporation costs counsel counterclaim deceased defendant defendant's entitled equitable evidence ex rel execution executor fact favor fendant filed guardian highway intended issue Joseph Hansen judgment debtor Judgment reversed June jurisdiction jury justice Kings County lease letters testamentary liability lien Matter ment Misc mortgage motion Municipal Court N. Y. Supp Nassau County Oneida County Otsego County paid parties payment person petitioner plaintiff position possession premises probate proceeding provisions question real estate reason received recover relator rendered rent respondent SEABURY statute Supreme Court surrogate Surrogate's Court tenant testamentary testator testatrix thereof tion town trial trust Union Iron Company Vermont Marble Company wife York County
Popular passages
Page 13 - 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; 2.
Page 146 - ... be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the person creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing.
Page 531 - A person employing or directing another to perform labor of any kind in the erection, repairing, altering or painting of a house, building or structure shall not furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders or other mechanical contrivances which are unsafe, unsuitable or improper, and which are not so constructed, placed and operated as to give proper protection to the life and limb of a person so employed or engaged.
Page 514 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers or mortgagees in good faith...
Page 393 - ... in order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion it must be filled up strictly in accordance with the authority given and within a reasonable time...
Page 206 - And for the purpose of such recovery any court of bankruptcy, as hereinbefore defined, and any state court which would have had jurisdiction if bankruptcy had not intervened, shall have concurrent jurisdiction.
Page 206 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Page 626 - No indictment is insufficient nor can the trial, judgment, or other proceedings thereon be affected, by reason of an imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Page 436 - Territory; also all courts of record in any state or territory now existing, or which may hereafter be created, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited.
Page 205 - A person shall be deemed to have given a preference if, being insolvent, he has procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of- any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.