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 81
Page 12
... question of negligence on the part of the defendant and freedom from fault on the part of the plaintiff . The injuries were sustained at a street crossing ; both vehicles had a right to cross , and neither had any right superior to the ...
... question of negligence on the part of the defendant and freedom from fault on the part of the plaintiff . The injuries were sustained at a street crossing ; both vehicles had a right to cross , and neither had any right superior to the ...
Page 15
... question whether , as matter of law , a recovery for the loss could be had . In support of the judgment the following facts appear : Plaintiffs , desiring to make shipments of lumber to two firms in Cincinnati , so notified the ...
... question whether , as matter of law , a recovery for the loss could be had . In support of the judgment the following facts appear : Plaintiffs , desiring to make shipments of lumber to two firms in Cincinnati , so notified the ...
Page 32
... question of preponderance , and we must confine our attention to the exceptions taken at the trial . Claflin v . Watch Co. , 7 Misc . Rep . 669 ; Gold v . Serrell , 6 id . 124 ; Meyers v . Cohn , 4 id . 185 . There was certainly some ...
... question of preponderance , and we must confine our attention to the exceptions taken at the trial . Claflin v . Watch Co. , 7 Misc . Rep . 669 ; Gold v . Serrell , 6 id . 124 ; Meyers v . Cohn , 4 id . 185 . There was certainly some ...
Page 33
... question . Fagnan v . Knox , 66 N. Y. 525 . Next , it is claimed that the court erred in refusing to charge , in effect , that if the defendant's action was based upon advice of counsel given , after a full and fair statement of the ...
... question . Fagnan v . Knox , 66 N. Y. 525 . Next , it is claimed that the court erred in refusing to charge , in effect , that if the defendant's action was based upon advice of counsel given , after a full and fair statement of the ...
Page 46
... question touching a reformation of the contract , and the action may , perhaps , be taken as one for money had and received , since the fact of any mutual mistake was certainly re- futed by the defendant . For argument , then , we so ...
... question touching a reformation of the contract , and the action may , perhaps , be taken as one for money had and received , since the fact of any mutual mistake was certainly re- futed by the defendant . For argument , then , we so ...
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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...