The New York Supplement, Volume 48West Publishing Company, 1898 - Law reports, digests, etc "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
From inside the book
Results 1-5 of 82
Page 9
... present error for which the judgment should be re- versed and a new trial ordered . This will give the defendant am- ple opportunity to seek by amendment to set up his true defense . Judgment reversed , and new trial ordered , with ...
... present error for which the judgment should be re- versed and a new trial ordered . This will give the defendant am- ple opportunity to seek by amendment to set up his true defense . Judgment reversed , and new trial ordered , with ...
Page 12
... pass upon any of the issues raised upon the trial . The parties to the action and their counsel were present in court , and were informed by the learned justice that he could not receive the verdict 12 ( Sup . Ct . 48 NEW YORK SUPPLEMENT.
... pass upon any of the issues raised upon the trial . The parties to the action and their counsel were present in court , and were informed by the learned justice that he could not receive the verdict 12 ( Sup . Ct . 48 NEW YORK SUPPLEMENT.
Page 18
... present case the windows were in the wall when the plaintiff purchased . There was no reservation that they should continue to remain , and their ex- istence was undoubtedly subject to the right of the plaintiff to use the wall to ...
... present case the windows were in the wall when the plaintiff purchased . There was no reservation that they should continue to remain , and their ex- istence was undoubtedly subject to the right of the plaintiff to use the wall to ...
Page 30
... present mortgage , and prepared by the plaintiff for signature by the mortgagor , was then altered so as to allege the existence of a mortgage for the sum of $ 85 on the front and back bar . As thus altered in the handwriting of Katz ...
... present mortgage , and prepared by the plaintiff for signature by the mortgagor , was then altered so as to allege the existence of a mortgage for the sum of $ 85 on the front and back bar . As thus altered in the handwriting of Katz ...
Page 32
... present defendant . The lot in question was deeded to the wife in 1879 , and the complaint alleged that Michael purchased and paid the consideration therefor , but took the title in his wife's name . The answer controverted this ...
... present defendant . The lot in question was deeded to the wife in 1879 , and the complaint alleged that Michael purchased and paid the consideration therefor , but took the title in his wife's name . The answer controverted this ...
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Common terms and phrases
82 New York affidavit affirmed agreement alleged amount Appeal from special Appellate Division application Argued before GOODRICH assessment assignment authority Bank bond BRUNT cause of action charge claim commissioners complaint concur contract contributory negligence corporation costs counsel counterclaim creditors damages debt December December 18 defendant defendant appeals defendant's delivered demurrer duty entitled evidence execution fact fendant fraud granted Harris Cohen held INGRAHAM injury intestate issue judgment jurisdiction jury justice Kings county land lease liability lien lumber ment mortgage motion N. Y. Supp negligence November 30 order denying paid parties payment person plaintiff premises proceedings proof purchase question Railroad received recover respondent reversed rule Second Department special term statute street sufficient Supreme Court testator testified testimony thereof tiff tion track trial term trust verdict witness York State Reporter
Popular passages
Page 758 - Attorney for me and in my name, place and stead to (227), giving and granting unto my said Attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present...
Page 628 - All city, town and village officers whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose.
Page 758 - ... said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation; hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do, or cause to be done, by virtue hereof.
Page 136 - ... if the government refrains from the absolute conversion of real property to the uses of the public, it can destroy its value entirely, can inflict irreparable and permanent injury to any extent, can, in effect, subject it to total destruction without making any compensation, because, in the narrowest sense of that word, it is not taken for the public use.
Page 477 - ... who is incompetent to manage his affairs, by reason of lunacy, idiocy, or habitual drunkenness; or imbecility arising from old age or loss of memory and understanding or other cause...
Page 773 - ... unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession...
Page 282 - A statement of the facts constituting the cause of action, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.
Page 227 - ... 1. A cause of action, arising out of the contract or transaction, set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action. 2. In an action on contract, any other cause of action on contract, existing at the commencement of the action.
Page 241 - The plaintiff may unite, in the same complaint, two or more causes of action, whether they are such as were formerly denominated legal or equitable, or both, where they are brought to recover as follows : 1.
Page 310 - The defendant demurred to the complaint on the ground that it does not state facts sufficient to constitute a cause of action.