The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit, and District Courts, Appellate Courts of the Several States, State and City Courts of New York and English Courts, Volum 25McDivitt, Campbell & Company, 1887 |
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Side 3
... evidence required the dismissal of the com- plaint ; that the evidence given overcame the presumption of truth existing in favor of his representa- tions and made a case calling for affirmative evidence to overthrow it . While the sworn ...
... evidence required the dismissal of the com- plaint ; that the evidence given overcame the presumption of truth existing in favor of his representa- tions and made a case calling for affirmative evidence to overthrow it . While the sworn ...
Side 22
... evidence . 84 N. Y. , 392 . man , J. , concurs . The admissibility of the testi- mony depends upon the assignor being in possession . In Coyne v . Weaver , 84 N. Y. , 392 , the answer of defendant alleged that the as- GENERAL signee was ...
... evidence . 84 N. Y. , 392 . man , J. , concurs . The admissibility of the testi- mony depends upon the assignor being in possession . In Coyne v . Weaver , 84 N. Y. , 392 , the answer of defendant alleged that the as- GENERAL signee was ...
Side 27
... evidence to the judge before whom the or- der is made returnable . This lan- guage would not be proper in the ordinary case of an order made in a county where the debtor resided by an officer therein . Order reversed . Opinion by ...
... evidence to the judge before whom the or- der is made returnable . This lan- guage would not be proper in the ordinary case of an order made in a county where the debtor resided by an officer therein . Order reversed . Opinion by ...
Side 29
... evidence given upon the trial presented a question of fact as to the note of $ 331 . The facts The facts appear from interested witnesses . Some of the evidence was vague and contradictory . We cannot say that the finding in regard to ...
... evidence given upon the trial presented a question of fact as to the note of $ 331 . The facts The facts appear from interested witnesses . Some of the evidence was vague and contradictory . We cannot say that the finding in regard to ...
Side 30
... evidence of loss should not be required , some evidence should be given by plaintiff that the property could have been sold on better terms if the trustee had managed the for- closure proceedings , and , impartially and for the benefit ...
... evidence of loss should not be required , some evidence should be given by plaintiff that the property could have been sold on better terms if the trustee had managed the for- closure proceedings , and , impartially and for the benefit ...
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action was brought affidavit agreement alleged amended amount Appeal from judgment application applt appointed assessment assignment attorney bank bond cause of action Chap charge city of N. Y. claim Code Civ complaint concur contract costs COURT OF APPEALS creditors damages debts deceased Decided Dec Decided Nov Decided Oct deed defendant defendant's demurrer denied entitled error evidence ex rel execution executors fact favor fendant FIFTH DEPT firm foreclosure fraudulent granted Held intestate judg Judgment affirmed jury land lease liable lien mandamus March 25 ment mortgage motion N. Y. COURT N. Y. SUPREME COURT negligence nonsuit Opinion paid parties payment person plain plaintiff premises proceedings purchase question quired Rapallo real estate real property received recover referee respt reversed SECOND DEPT sold Special Term statute surrogate testator testified thereof THIRD DEPT tiff tion trial trustee verdict wife witness