Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 15 |
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Results 1-5 of 80
Page 3
... answer all of the ordinary requirements for which it is used , and accommo- date passengers who assemble there for the purpose of boarding the defendant's trains . But the theory upon which the case was tried and submitted to the jury ...
... answer all of the ordinary requirements for which it is used , and accommo- date passengers who assemble there for the purpose of boarding the defendant's trains . But the theory upon which the case was tried and submitted to the jury ...
Page 18
... answer to that is that the defendant's obligation is strictissimi juris , and he is discharged by any alteration of the contract , to which his guaranty applied , whether material or not , and the courts will not inquire whether it is ...
... answer to that is that the defendant's obligation is strictissimi juris , and he is discharged by any alteration of the contract , to which his guaranty applied , whether material or not , and the courts will not inquire whether it is ...
Page 19
... answer in the mouth of the surety , from which the obligee can never extricate his case , however innocently or by whatever kind intention to all parties he may have been actuated . ' " These authorities abundantly establish the ...
... answer in the mouth of the surety , from which the obligee can never extricate his case , however innocently or by whatever kind intention to all parties he may have been actuated . ' " These authorities abundantly establish the ...
Page 24
... answer , set forth facts showing that he has an * * * * * interest * * in or lien or incumbrance upon said property , and thereupon he may demand * * any judgment to which he would be entitled in an action brought by him to enforce in ...
... answer , set forth facts showing that he has an * * * * * interest * * in or lien or incumbrance upon said property , and thereupon he may demand * * any judgment to which he would be entitled in an action brought by him to enforce in ...
Page 25
... answered admit- ting the allegations of the complaint . There is no finding of the court in respect of any partnership of the plaintiff in the Andrews contract with the city , and that part of the answer may , therefore , be dismissed ...
... answered admit- ting the allegations of the complaint . There is no finding of the court in respect of any partnership of the plaintiff in the Andrews contract with the city , and that part of the answer may , therefore , be dismissed ...
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Common terms and phrases
abide the event agreement alleged amended amount appellant application appointment APRIL TERM assessment assignment authority bank cause of action charge Civil Procedure claim clerk commissioners complaint concurred construction contract contractor corporation costs and disbursements costs to abide Court in favor court of equity covenant creditors damages defendant defendant's demurrer denied DIV.-VOL dollars costs duty election entered entitled equity Evansville evidence ex rel executed executors fact filed firm furnished held Impleaded injury interest judgment jury Kings County liability lien MARCH TERM ment mortgage motion negligence notice owner paid parties payment person plaintiff premises proceedings proof question Railroad Company received recover referred respondent reversed SECOND DEPARTMENT Special Term statute street Supreme Court sureties testator testimony thereof THIRD DEPARTMENT tiff tion trustees Ulster County verdict York YORK ex rel
Popular passages
Page 547 - No member of the Legislature shall receive any civil appointment within this State, or the Senate of the United States, from the Governor, the Governor and Senate, or from the Legislature, or from any city government, during the time for which he shall have been elected ; and all such appointments and all votes given for any such member for any such office or appointment shall be void.
Page 18 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract.
Page 88 - The militia shall be organized and divided into such land and naval, and active and reserve forces as the Legislature may deem proper, provided however that there shall be maintained at all times a force of not less than ten thousand enlisted men, fully uniformed, armed, equipped, disciplined and ready for active service. And it shall be the duty of the Legislature at each session to make sufficient appropriations for the maintenance thereof.
Page 91 - In the first place, the people, in framing the Constitution, committed to the legislature the whole law-making power of the State, which they did not expressly or impliedly withhold. Plenary power in the legislature for all purposes of civil government is the rule. A prohibition to exercise a particular power is an exception.
Page 197 - But no law shall ^ -authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Page 233 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
Page 176 - ... to the people of the state of New York in the penal sum of twenty-five thousand dollars, conditioned for the faithful...
Page 327 - ... commenced within one year after the cause of action therefor shall have accrued...
Page 198 - No street surface railroad corporation shall construct, extend or operate its road or tracks in that portion of any street, avenue, road or highway, in which a street surface railroad is or shall be lawfully constructed, except...
Page 603 - Each side was entitled to go to the jury upon the question of the genuineness of the writing upon which the prosecution relied to establish the guilt of the accused.