The New York Supplement, Volume 91West Publishing Company, 1905 - 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) |
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Results 1-5 of 100
Page 1
... COMPLAINT INFERENCE FROM TESTIMONY . In reviewing the action of the lower court in dismissing the complaint on plaintiffs ' testimony , all reasonable inferences favorable to plaintiffs must be drawn from that testimony . 2. BAILMENTS ...
... COMPLAINT INFERENCE FROM TESTIMONY . In reviewing the action of the lower court in dismissing the complaint on plaintiffs ' testimony , all reasonable inferences favorable to plaintiffs must be drawn from that testimony . 2. BAILMENTS ...
Page 2
... complaint is : " Breach of contract . " The answer is : " General denial . Bill of particulars . " The bill of particulars furnished by the plaintiffs states that in July , 1903 , plaintiffs delivered to defendant eight pieces or rolls ...
... complaint is : " Breach of contract . " The answer is : " General denial . Bill of particulars . " The bill of particulars furnished by the plaintiffs states that in July , 1903 , plaintiffs delivered to defendant eight pieces or rolls ...
Page 10
... complaint at the close of the introduction of the evidence for both parties , but , in so far as the motion was not merely formal , the ground specified did not include the insufficiency of the evidence to show the plain- tiff's ...
... complaint at the close of the introduction of the evidence for both parties , but , in so far as the motion was not merely formal , the ground specified did not include the insufficiency of the evidence to show the plain- tiff's ...
Page 33
... complaint was futile unless treated as a supplemental complaint , and where the defendant answered to the merits , with recognition of the original complaint , after the amendment . We must hold , therefore , that the original answer ...
... complaint was futile unless treated as a supplemental complaint , and where the defendant answered to the merits , with recognition of the original complaint , after the amendment . We must hold , therefore , that the original answer ...
Page 34
... complaint is insufficient , and correctly , as we view the case . The action is brought upon an undertaking running to the clerk of the county of New York , given to procure the discharge of a mechanic's lien filed by the plaintiff's ...
... complaint is insufficient , and correctly , as we view the case . The action is brought upon an undertaking running to the clerk of the county of New York , given to procure the discharge of a mechanic's lien filed by the plaintiff's ...
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Common terms and phrases
125 New York 179 N. Y. Memoranda abide the event Act Laws agreement alleged amended amount Appeal from Municipal Appeal from Special Appellate Division Appellate Term Argued before FREEDMAN attorney authority bank cause of action Cent certificate charge claim commissioner complaint concur contract contributory negligence corporation costs counsel County damages December 23 defendant appeals defendant's demurrer dismissed entitled evidence ex rel executed fact fendant GILDERSLEEVE granted held injury issue Judgment affirmed jury justice lease liability lien MacLEAN Manhattan ment Misc mortgage motion Municipal Court N. Y. Supp negligence offer of judgment paid parties payment person plaintiff plaintiff appeals premises proceedings question Railroad Company recover referee respondent reversed Special Term statute street Supreme Court testator testified testimony thereof tiff tion tracks trust verdict witness York County York State Reporter
Popular passages
Page 625 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of that of the defendant...
Page 215 - ... will appear and answer the indictment above mentioned, in whatever court it may be prosecuted, and will at all times render himself amenable to the orders and process of the court...
Page 353 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title Of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 293 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Page 587 - That the court has not jurisdiction of the subject of the action. 3. That the plaintiff has not legal capacity to sue. • 4. That there is another action pending between the same parties, for the same cause.
Page 200 - ... be deemed invalid by reason of the indefiniteness or uncertainty of the persons designated as the beneficiaries thereunder in the instrument creating the same. If in the instrument creating such a gift, grant...
Page 684 - Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive...
Page 309 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...
Page 683 - The non-competitive class. The non-competitive class shall include such positions as are not in the exempt class or the labor class and which it is impracticable to include in the competitive class.
Page 160 - All the rest, residue and remainder of my estate, real and personal, I give, devise and bequeath...