Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volum 80
New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin
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Reports of Cases Heard and Determined in the Appellate Division ..., Volum 105
Uten tilgangsbegrensning - 1905
affd alleged amended amount appellant avenue Bartlett Brooklyn Brooklyn Heights Railroad cause of action chap charge Civil Procedure claim clerk Code of Civil commissioners Company complaint concurred construction contract contractor corporation costs and disbursements counsel counterclaim Court in favor court of equity damages deceased defendant defendant's denied dismissed dissented dollars costs duty entered entitled evidence ex rel executors fact February Term Goodrich Hirschberg issues John Groh Judgment affirmed Judgment and order jury trial liable March Term Matter ment Metropolitan Street Metropolitan Street Railway motion motorman negligence O'Brien opinion Order affirmed paid party payment person plaintiff proof question railroad reason received recover res ipsa loquitur residuary estate Respondent rule Second Department share Skillin Special Term statute supra Supreme Court surrogate Surrogate's Court testator testimony thereof tion trust verdict Woodward York
Side 107 - Value is any consideration sufficient to support a simple contract. An antecedent or pre-existing debt constitutes value ; and is deemed such whether the instrument is payable on demand or at a future time.
Side 108 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Side 427 - The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State to all mankind ; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.
Side 614 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...
Side 108 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress or force and fear or other unlawful means, or for an illegal consideration or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Side 496 - Where the will has been lost, concealed, or destroyed, the cause of action is not deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts upon which its validity depends.
Side 328 - Ganzle, being duly sworn, says : That he is the petitioner in the above entitled application, that he has read the foregoing petition and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters, he believes it to be true.
Side 108 - That it is complete and regular upon its face. (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (3) That he took it in good faith and for value. (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Side 204 - ... officer, or as a person authorized by agreement, or by competent authority, to hold or take such possession, custody, or control, any money, property, evidence of debt or contract, article of value of any nature, or thing in action or possession, appropriates the same to his own use, or that of any other person other than the true owner or person entitled to the benefit thereof; steals such property, and is guilty of larceny.