Reports of Cases, Volume 119 |
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Results 1-5 of 83
Page 86
... verdict . This action was brought by plaintiff , as assignee of the con- tractor , to recover a balance alleged to be due upon a contract made by defendant as party of the first part with Nicholas Haughton as party of the second part ...
... verdict . This action was brought by plaintiff , as assignee of the con- tractor , to recover a balance alleged to be due upon a contract made by defendant as party of the first part with Nicholas Haughton as party of the second part ...
Page 110
... verdict , and affirmed an order deny- ing a motion for a new trial . The nature of the action and the facts are sufficiently stated in the opinion . Elon R. Brown for appellant . Where performance of a contract for personal services is ...
... verdict , and affirmed an order deny- ing a motion for a new trial . The nature of the action and the facts are sufficiently stated in the opinion . Elon R. Brown for appellant . Where performance of a contract for personal services is ...
Page 117
... verdict . But when judgment is rendered , the original wrong is merged therein and the judgment becomes property with all the attributes of a judg ment in an action ex contractu . The action , therefore , does not absolutely abate upon ...
... verdict . But when judgment is rendered , the original wrong is merged therein and the judgment becomes property with all the attributes of a judg ment in an action ex contractu . The action , therefore , does not absolutely abate upon ...
Page 119
... verdict of the jury upon the questions sub- mitted to them should be held conclusive upon the defendant . ( Baylies on N. T. & App . 343 , 344 ; Cheney v . R. R. Co. , 16 Hun , 415 ; Morss v . Sherrill , 63 Barb . 21 ; Comrs , v ...
... verdict of the jury upon the questions sub- mitted to them should be held conclusive upon the defendant . ( Baylies on N. T. & App . 343 , 344 ; Cheney v . R. R. Co. , 16 Hun , 415 ; Morss v . Sherrill , 63 Barb . 21 ; Comrs , v ...
Page 122
... verdict for a smaller amount than $ 24,970 , the principal of the eleven bonds , with interest from October , 1868. ( Stokes v . Stickney , 96 N. Y. 323 , 326 ; Brackett v . Griswold , 103 id . 425 , 427 ; Wehle v . Haviland , 42 How ...
... verdict for a smaller amount than $ 24,970 , the principal of the eleven bonds , with interest from October , 1868. ( Stokes v . Stickney , 96 N. Y. 323 , 326 ; Brackett v . Griswold , 103 id . 425 , 427 ; Wehle v . Haviland , 42 How ...
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Common terms and phrases
adverse possession affidavit affirmed a judgment Agree to affirm agreement alleged amount ANDREWS APPEAL from judgment appellant application Argued January assessment authority bailment Bank Barb bonds cause of action chap Civil Procedure claim Code Civ common law complaint concur contract corporation creditors debt deed defendant defendant's duty EARL entitled estopped evidence ex rel execution executor fact favor of plaintiff FINCH GRAY held Impleaded interest January 14 January 28 John Judgment affirmed judgment in favor judicial department jury land liability LXXIV March 21 Mayor ment mortgage motion Opinion owner paid Paige parties payment PECKHAM person plaintiff possession premises proceedings proof provision purchase purpose question railroad received recover reference rendered respondent reversed RUGER sealed verdict SICKELS-VOL Smith Special Term Statement statute supervisors Supreme Court testator thereof tion town trial trust verdict Wend
Popular passages
Page 576 - That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted.
Page 455 - ... unless a written or printed notice stating the amount of such premium, interest, installment, or portion thereof, due on such policy, the place where it should be paid, and the person to whom the same is payable, shall be duly addressed and mailed to the person whose life is insured...
Page 396 - Document of title to goods" includes any bill of lading, dock warrant, warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business...
Page 402 - All the stockholders of every company incorporated under this act, shall be severally individually liable to the :! creditors of the company in which they are stockholders, to an amount equal to the amount of stock held by them respectively...
Page 390 - ... merchandise for the purpose of sale, or as a security for any advances to be made or obtained thereon, shall be deemed to be the true owner thereof, so far as to give validity to any contract made by such agent with any other person, for the sale or disposition of the whole or any part of such merchandise, for any money advanced, or negotiable instrument or other obligation in writing given by such other person upon the faith thereof.
Page 485 - In an action against a foreign or domestic corporation, to recover damages for the nonpayment of a promissory note, or other evidence of debt, for the absolute payment of money, upon demand, or at a particular time...
Page 578 - Legislature accordingly appointed a commission to investigate and report "the most humane and practical method known to modern science of carrying into effect the sentence of death in capital cases.
Page 575 - The punishment of death must, in every case, be inflicted by causing to pass through the body of the convict a current of electricity of sufficient intensity to cause death, and the application of such current must be continued until such convict is dead.
Page 508 - ... a preponderance of evidence against the determination of the commissioners, then it has the same jurisdiction to reverse the determination that it has to set aside the verdict of a jury as against the weight of evidence.
Page 85 - The order of the appellate division should be reversed, and the judgment of the special term affirmed, with costs in all courts.