The Miscellaneous Reports: Cases Decided in the Inferior Courts of Record of the State of New York, Volume 32James B. Lyon, 1900 - 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) |
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Page 14
A further statement of the affidavit , that the affiant made a written demand of
payment , and that thereupon the defendant sent him an assignment of a claim
against a third party in part payment , when not accompanied by copies of the
demand ...
A further statement of the affidavit , that the affiant made a written demand of
payment , and that thereupon the defendant sent him an assignment of a claim
against a third party in part payment , when not accompanied by copies of the
demand ...
Page 15
Within the authority of the above case the statement of the cause of action is
clearly defective , unless the further allegation of the written demands made by
the affiant and of the payment of a portion of the account cures the defect and
proves ...
Within the authority of the above case the statement of the cause of action is
clearly defective , unless the further allegation of the written demands made by
the affiant and of the payment of a portion of the account cures the defect and
proves ...
Page 26
... of the mortgage the fact that Mr. Post would lend the money to pay off the
mortgage then on her William street property . ... upon request , obtained control
of stock of a typesetting company , accepts from his principals , as full payment for
his ...
... of the mortgage the fact that Mr. Post would lend the money to pay off the
mortgage then on her William street property . ... upon request , obtained control
of stock of a typesetting company , accepts from his principals , as full payment for
his ...
Page 33
... moved directly to it ; that the obligation assumed was for its own benefit , and
that under all the circumstances of the issue , “ guaranty ” of payment and
disposition of the bonds , it , in the first instance , became answerable for their
payment ...
... moved directly to it ; that the obligation assumed was for its own benefit , and
that under all the circumstances of the issue , “ guaranty ” of payment and
disposition of the bonds , it , in the first instance , became answerable for their
payment ...
Page 34
Arnot v . Erie R. Co. , 67 N. Y. 315 , the defendant , in consideration of the
construction by another railroad company of a connecting line , indorsed an
alleged guaranty of the payment of the interest coupons on the bonds of that
company .
Arnot v . Erie R. Co. , 67 N. Y. 315 , the defendant , in consideration of the
construction by another railroad company of a connecting line , indorsed an
alleged guaranty of the payment of the interest coupons on the bonds of that
company .
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action affirmed agreement alleged amount answer appellant application appointed attorney August authority bank brought building cause certificate charge City Court claim Code committee Company complaint Constitution construction contained contract corporation costs counsel damages defendant denied determine directed dismissed duty effect election entered entitled evidence execution fact favor filed follows further give given granted ground held interest issue John judgment July June jury justice lien Matter ment Misc motion Municipal notice objection October officer owner paid parties passed payment person plaintiff premises present proceedings provisions purchase question reason received record recover referred relator rendered respondent reversed rule shares Special Term statute street sufficient Supreme Court taken Term thereof tion town trial trust witnesses York
Popular passages
Page 445 - Private roads may be opened in the manner to be prescribed by law; but In every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders...
Page 588 - Spanish subjects, natives of the peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or of its proceeds, and they shall also have the right to carry on their industry, commerce, and prol'essions, being subject in respect thereof to such laws as are applicable to other foreigners.
Page 521 - First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Page 73 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 590 - That the Constitution of the United States — the supreme law of the land...
Page 796 - Spain the sum of twenty millions of dollars, and that the civil rights and political status of the native inhabitants of the territories thus ceded to the United States should be determined by the Congress.
Page 626 - And every person making such declaration shall be permitted to vote on all questions proposed at such...
Page 589 - And where a suit is now pending, or may be hereafter brought in any state court in which there is a controversy between a citizen of the state in which the suit is brought, and a citizen of another state...
Page 589 - The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress.
Page 561 - Every contract for the leasing for a longer period than one year, .or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.