Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volume 56Diossy, 1889 - Law reports, digests, etc |
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Results 1-5 of 87
Page 12
... evidence , and her cause of action against it , as set forth in the complaint , was not sustained . At the close of the evidence , the counsel for the bank moved for dismissal of the complaint . This motion was denied and exception ...
... evidence , and her cause of action against it , as set forth in the complaint , was not sustained . At the close of the evidence , the counsel for the bank moved for dismissal of the complaint . This motion was denied and exception ...
Page 13
... evidence disclosed other grounds for equitable relief , the court would no doubt be justified in granting it . But in the case at bar , the charges of fraud , etc. , having failed , neither the plaintiff's complaint nor the evidence ...
... evidence disclosed other grounds for equitable relief , the court would no doubt be justified in granting it . But in the case at bar , the charges of fraud , etc. , having failed , neither the plaintiff's complaint nor the evidence ...
Page 14
... evidence would have supported such a finding . It appears from the evidence that in claiming and holding this money , the bank has been innocent of any improper act or intent , and was as much misled by mistake of fact or of law , as ...
... evidence would have supported such a finding . It appears from the evidence that in claiming and holding this money , the bank has been innocent of any improper act or intent , and was as much misled by mistake of fact or of law , as ...
Page 27
... evidence , appli- cation of rule excluding such evidence - Evidence , reception and rejection of governed by the lex fori and not the lex loci― Mining contract , construc- tion of lessee of mines , as to rights of , irrespective of ...
... evidence , appli- cation of rule excluding such evidence - Evidence , reception and rejection of governed by the lex fori and not the lex loci― Mining contract , construc- tion of lessee of mines , as to rights of , irrespective of ...
Page 28
... evidence which tends to contradict , vary , etc. , a written contract . 2d . That the question as to the rejection or admission of evidence is a field into which the laws of another state cannot intrude . It is to be determined ...
... evidence which tends to contradict , vary , etc. , a written contract . 2d . That the question as to the rejection or admission of evidence is a field into which the laws of another state cannot intrude . It is to be determined ...
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Common terms and phrases
admeasurement adverse possession affirmed with costs agreement alleged amount appeal appellant Appellant's points argued assignment attorney authority Bank Barb cause of action cited Civil Procedure claim Clyde & Co coal complaint concurred contract contributory negligence corporation counsel for appellant court court of equity culm damages decree deed defendant demurrer dismiss easement entitled evidence execution executors facts fendant foreclosure FREEDMAN and TRUAX George W granted held injunction interest Jourdan judge judgment jurisdiction jury liability Marcella Marvin shaft Matsell Mayor ment Mickle mining mortgage motion negligence objection Opinion of Referee order denying owner party wall payment person plaint plaintiff plaintiff's land possession premises proceedings question recover referred respondent Respondent's points right of dower Secor SEDGWICK Starin Statement statute street sufficient Super sustained tax lease term testimony thereof tion trial trustees vacated verdict widow York Iron
Popular passages
Page 529 - Sound mind and memory, do make, publish and declare, this my last will and testament, in manner following, that is to say...
Page 204 - A widow shall be endowed of the third part of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage, unless she shall have lawfully released her right thereto.
Page 337 - The action was brought to recover damages for personal injuries sustained by the plaintiff in a collision between an ambulance driven by him and an ice wagon driven by a servant of the defendant.
Page 142 - In that regard he had jurisdiction of the subject matter and of the person of the plaintiff, and his authority continued up to the time he assumed to pass sentence and to issue a commitment.
Page 370 - ... to bring the minds of the buyer and seller toan agreement for a sale, and the price and terms on which it is to be made, and until that is done his right to commissions does not accrue.
Page 459 - The rendition of a judgment is a Judicial act; its entry upon the record is merely ministerial. A Judgment is not what is entered, but what is ordered and considered.
Page 209 - An act, deed, or conveyance, executed or performed by the husband without the assent of his wife, evidenced by her acknowledgment thereof, in...
Page 291 - ... that during the possession of such property by the appellant, he will not commit, or suffer to be committed, any waste thereon, and that if the judgment be affirmed, he will pay the value of the use and occupation of the property, from the time of the appeal until the delivery of possession thereof, pursuant to the judgment...
Page 430 - The judgment should be reversed and a new trial had, with costs to abide the event.
Page 23 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...