Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 189
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accident action affirmed agreed agreement alleged amount Appellant application attorney authority award bank building cause certificate chap charge claim Clarke clerk Commission Company complaint concurred condition contract corporation counsel court damages December defendant defendant's denied determination directed disbursements dismissed dollars costs Dowling duty employer entered entitled evidence fact favor filed finding follows further given granted held injury Insurance interest issue judgment jury land liability material Matter Merrell Mills mortgage motion negligence notice November October opinion paid parties payment person Philbin plaintiff premises Present proceeding question railroad reason received record recover refused Respondent reversed rule Second Department securities Smith Special statute street taken Term testified thereof Third Department trial truck trust verdict witness York
Page 278 - In the case of mixtures or compounds which may be now or from, time to time hereafter known as articles of food, under their own distinctive names...
Page 307 - Compensation has been awarded to his mother and is resisted on the ground that the accident did not arise out of or in the course of the employment.
Page 472 - ... advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using his name, portrait or picture, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use...
Page 460 - Judgment is demanded dismissing the complaint and for "such other and further relief in the premises as to the court may seem just.
Page 178 - A plain and concise statement of the facts, constituting each cause of action, without unnecessary repetition.
Page 512 - The other is that a case is only an authority for what it actually decides. I entirely deny that it can be quoted for a proposition that may seem to follow logically from it. Such a mode of reasoning assumes that the law is necessarily a logical code, whereas every lawyer must acknowledge that the law is not always logical at all.
Page 7 - Every such society shall have the power to make a constitution and by-laws for the government of the society, the admission of its members, the management of its affairs and the fixing and readjusting of the rates of contribution of...
Page 32 - The man who wrongfully renounces a contract into which he has deliberately entered cannot justly complain if he is immediately sued for a compensation in damages by the man whom he has injured; and it seems reasonable to allow an option to the injured party, either to sue immediately, or to wait till the time when the act was to be done, still holding it as prospectively binding for the exercise of this option, which may be advantageous to the innocent party, and cannot be prejudicial to the wrongdoer.
Page 787 - Every such conveyance not so recorded is void as against any subsequent purchaser in good faith and for a valuable consideration, from the same vendor, his heirs or devisees, of the same real property or any portion thereof, whose conveyance is first duly recorded.