Miscellaneous Reports. Cases Decided in the Courts of Record of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Volume 16Lawyers Co-operative Publishing Company, 1896 - Law reports, digests, etc "Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly) |
From inside the book
Results 1-5 of 77
Page 1
... effect of a lease is waived by payment of rent thereunder . Lynch v . Lauer , 14 Misc . 252 , affirmed . APPEAL by the defendant from an affirmance by the General Term of the City Court of a judgment in favor of plaintiff for rent . The ...
... effect of a lease is waived by payment of rent thereunder . Lynch v . Lauer , 14 Misc . 252 , affirmed . APPEAL by the defendant from an affirmance by the General Term of the City Court of a judgment in favor of plaintiff for rent . The ...
Page 3
... effect of the lease . But the defendant , by the paying of the rent from the commencement of the term , has recognized the validity of the lease and waived the condition , if any could be claimed upon the facts . The judgment and order ...
... effect of the lease . But the defendant , by the paying of the rent from the commencement of the term , has recognized the validity of the lease and waived the condition , if any could be claimed upon the facts . The judgment and order ...
Page 13
... effect of any discrepancies or ambiguities there may have been in his evidence . " The court , therefore , properly told the jury the value of the testimony was for them to determine . The defendant also requested the court to charge ...
... effect of any discrepancies or ambiguities there may have been in his evidence . " The court , therefore , properly told the jury the value of the testimony was for them to determine . The defendant also requested the court to charge ...
Page 24
... effect of the signature . This it clearly was not ; but , if defendant thought it might be deemed so by the jury , he should have asked for an express instruction on the point . It was a mere verbal mistake in the charge , and , as the ...
... effect of the signature . This it clearly was not ; but , if defendant thought it might be deemed so by the jury , he should have asked for an express instruction on the point . It was a mere verbal mistake in the charge , and , as the ...
Page 30
... effect of the binding process upon the cheaper leather , but there is some contradiction as to this in the plaintiff's denial that he would call the sample book better than his own production . Our conclusion must be that there was some ...
... effect of the binding process upon the cheaper leather , but there is some contradiction as to this in the plaintiff's denial that he would call the sample book better than his own production . Our conclusion must be that there was some ...
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Common terms and phrases
affidavit agreement alleged amount answer Appellate Term application attorney Bank BISCHOFF bond Cattaraugus County cause of action chap charge City Court claim Code complaint concur contract corporation costs counsel counterclaim County Court Court of Sessions DALY damages defendant defendant's delivery demurrer denied District Court entitled evidence ex rel execution executors fact favor February fund gift causa mortis granted ground held indorsed interest Judgment affirmed jury justice Kings County lease liability lien March matter MCADAM mechanic's lien ment Misc mortgage motion N. Y. St negligence Oneida County paid parties payment person petitioner plaintiff pleading possession premises proceedings proof question Railroad real estate reason received recover rendered Repr respondent reversed Smith Special Term statute Supreme Court Surrogate's Court tenant testamentary capacity testator testified testimony thereof tion trustees verdict witnesses York
Popular passages
Page 129 - For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States ; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas ; nor while a student of any seminary of learning, nor while kept at any almshouse or other asylum at public expense ; nor while confined in any public prison.
Page 341 - 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.
Page 87 - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing...
Page 483 - In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.
Page 348 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery or non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 465 - Neither the credit nor the money of the state shall be given or loaned to or in aid of any association, corporation or private undertaking. This section shall not, however, prevent the legislature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper. Nor shall it apply to any fund or property now held, or which may hereafter be held, by the state for educational purposes.
Page 94 - Every office shall become vacant on the happening of either of the following events before* the expiration of the term of such office : 1. The death of the incumbent. 2. His resignation. 3. His removal from office.
Page 595 - ... explicitly assents to the use by his employer of such invention, a jury, or a court trying the facts, is warranted in finding that he has so far recognized the obligations of service flowing from his employment and the benefits resulting from his use of the property, and the assistance of the co-employes, of his employer, as to have given to such employer an irrevocable license to use such invention.
Page 136 - It is a well-settled rule of construction of grants by the legislature to corporations, whether public or private, that only such powers and rights can be exercised under them as are clearly comprehended within the words of the act, or derived therefrom by necessary implication, regard being had to the objects of the grant. Any ambiguity or doubt arising out of the terms used by the legislature must be resolved in favor of the public.
Page 401 - ... shall be jointly and severally liable for all the debts of the company then existing...