The New York Supplement, Volume 90West 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 6-10 of 100
Page 73
... recover back the purchase money paid upon a con- tract for the sale of certain stock by defendant to the plaintiff on the ground of fraud and a subsequent rescission of the contract , the agree- ment was for the sale of 50 shares for ...
... recover back the purchase money paid upon a con- tract for the sale of certain stock by defendant to the plaintiff on the ground of fraud and a subsequent rescission of the contract , the agree- ment was for the sale of 50 shares for ...
Page 92
... recovered in the court below must necessarily be reversed . My attention has been called to many rulings of the court ... recover that amount . On April 23 , 1904 , Mr. White , to whom an abstract of the title of the property had been ...
... recovered in the court below must necessarily be reversed . My attention has been called to many rulings of the court ... recover that amount . On April 23 , 1904 , Mr. White , to whom an abstract of the title of the property had been ...
Page 115
... recover under the contract , and is binding , in the absence of fraud or mistake . 2. SAME CONCLUSIVENESS . Where , under the terms of a building contract , the architect was to render certificates on which payments were to be made , in ...
... recover under the contract , and is binding , in the absence of fraud or mistake . 2. SAME CONCLUSIVENESS . Where , under the terms of a building contract , the architect was to render certificates on which payments were to be made , in ...
Page 119
... recovered . To sum it all up , the defendant seems to have been investigating only those matters which were peculiarly within the knowledge of its architect , and as to which his decision was final , and upon which he was necessarily ...
... recovered . To sum it all up , the defendant seems to have been investigating only those matters which were peculiarly within the knowledge of its architect , and as to which his decision was final , and upon which he was necessarily ...
Page 183
... recover ; and that , if they do recover upon their asserted claim , it will be necessary to resort to the assets of the estate to pay the judgment , and among such assets are the arti- cles specifically bequeathed to the respondent . By ...
... recover ; and that , if they do recover upon their asserted claim , it will be necessary to resort to the assets of the estate to pay the judgment , and among such assets are the arti- cles specifically bequeathed to the respondent . By ...
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Common terms and phrases
124 New York abide the event affidavit affirmed agreement alleged amended amount Appeal from Special Appellate Division Appellate Term application Argued before FREEDMAN attorney authority BISCHOFF and FITZ Bloomingdale cause of action Cent charge Civil Procedure claim Code Civ commissioners Company complaint concur contract contributory negligence corporation costs counsel County creditors damages deceased deed defendant appeals defendant's dismissed employés entitled evidence executor fact favor fendant granted held Herman Bolte injuries insured issue jury justice land lease liability ment Metropolitan Street Railway mortgage motion Municipal Court N. Y. Supp negligence November November 18 owner paid parties payment person plaintiff premises proceedings proof question received recover reference relator respondent reversed Special Term statute street Supreme Court Surrogate's Court testator testimony thereof tion town trust verdict witness York County York State Reporter
Popular passages
Page 459 - The trustee of the estate of a bankrupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt...
Page 124 - ... that honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and residents of this State, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section.
Page 643 - ... Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person with whom or in whose name a contract is made for the benefit of another is a trustee of an express trust, within the meaning of this section.
Page 123 - 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 109 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause; and, whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court : but, if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Page 648 - State, made by the King of Great Britain, or persons acting under his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be null and void ; but nothing contained in this constitution shall affect any grants of land within this State, made by the authority of the said king or his predecessors, or shall annul any charters to bodies politic and corporate, by him or them made...
Page 412 - AB, late of [Labourer], under the Age of Sixteen Years, to wit, of the Age of [Thirteen] Years...
Page 649 - The contract between Georgia and the purchasers was executed by the grant. A contract executed, as well as one which is executory, contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A party is, therefore, always estopped by his own grant.
Page 571 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law.
Page 31 - Fraud without damage, or damage without fraud, gives no cause of action; but where these two concur, an action lies.