Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 87 |
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Page 2
... cause of action and had adopted such cause of action as their own , they were personally liable for the judgment for costs recovered by the defendant ; That , as section 3247 of the Code of Civil Procedure provides that the dis ...
... cause of action and had adopted such cause of action as their own , they were personally liable for the judgment for costs recovered by the defendant ; That , as section 3247 of the Code of Civil Procedure provides that the dis ...
Page 6
... cause of action which it was prosecuting when the new board was created . Although it was not in fact a valid claim , it must be deemed , so far as this question is concerned , that there was a cause of action to be transferred ...
... cause of action which it was prosecuting when the new board was created . Although it was not in fact a valid claim , it must be deemed , so far as this question is concerned , that there was a cause of action to be transferred ...
Page 7
... cause of action which the old board was prosecuting , and substantially approved the commencement of the action and all the proceedings which the old board had taken therein . Thenceforth the action was really prosecuted for the benefit ...
... cause of action which the old board was prosecuting , and substantially approved the commencement of the action and all the proceedings which the old board had taken therein . Thenceforth the action was really prosecuted for the benefit ...
Page 9
... cause of action first set forth in the complaint was barred by a prior judgment . As to the second cause of action therein , the judgment then before us was rendered as in a common - law action . to recover damages for the breach of a ...
... cause of action first set forth in the complaint was barred by a prior judgment . As to the second cause of action therein , the judgment then before us was rendered as in a common - law action . to recover damages for the breach of a ...
Page 12
... cause of action in the complaint , is erroneous and should be modified in that respect . The trial court denied such costs upon the theory that the " sub- stantial cause of action was the same upon each , " and gave the certificate ...
... cause of action in the complaint , is erroneous and should be modified in that respect . The trial court denied such costs upon the theory that the " sub- stantial cause of action was the same upon each , " and gave the certificate ...
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Common terms and phrases
accord and satisfaction agreement alleged amount appellant to abide attorney authority avenue BRUNT cause of action certificate chap charge charter Civil Procedure claim clerk Code of Civil Columbia College commissioners Company complaint concurred contract corporation costs and disbursements counsel creditors damages deceased defendant defendant's dismissed dollars costs entitled evidence ex rel executor fact firm held HIRSCHBERG Impleaded Jenks and Hooker Judgment affirmed Judgment and order jury LAUGHLIN liability lien Matter ment mortgage negligence NOVEMBER TERM OCTOBER TERM opinion Order affirmed Order reversed paid party PATTERSON payment person plaintiff police premises proceeding purchase question received recover referee relator residuary estate Respondent Richard Gibbons Richard Irvin SECOND DEPARTMENT settlor statute Supreme Court ten dollars costs Term and entered testator thereof tion trial trust verdict Woodward writ York ex rel
Popular passages
Page 451 - ... the governors of the college of the province of New- York, in the city of New- York, in America...
Page 321 - The action is brought to recover damages for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendant. The...
Page 231 - The proximate cause of an event must be understood to be that which in a natural and continuous sequence, unbroken by any new, independent cause, produces that event, and without which that event would not have occurred.
Page 453 - SOCIETY, and for the purposes aforesaid, and by the name aforesaid shall have perpetual succession and a Common Seal, with full power and authority to alter, vary, break, and renew the same at their discretion, and by the same name to sue and be sued, implead and be impleaded, answer and be answered unto...
Page 284 - There shall be prepared under the direction and supervision of the commissioners of taxes and assessments of the city of New York...
Page 280 - All money, pay, compensation or salary, or any part thereof, forfeited, deducted or withheld from any teacher or teachers for and on account of absence from duty for any cause.
Page 283 - Where the holder of an instrument payable to his order transfers it for value without indorsing it, the transfer vests in the transferee such title as the transferor had therein, and the transferee acquires, in addition, the right to have the indorsement of the transferor. But for the purpose of determining whether the transferee is a holder in due course, the negotiation takes effect as of the time when the indorsement is actually made.
Page 329 - O'BRIEN, J. The plaintiffs in this action sought to recover damages for the breach of a contract for the sale and delivery of a quantity of apples.
Page 103 - ... be affected by any settlement between the parties before or after judgment or final order. The court upon the petition of the client or attorney may determine and enforce the lien.
Page 499 - ... then this obligation to be null and void, otherwise to be and remain in full force and virtue in law.