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142 New York abide the event affirmed agreement alleged amount Appeal from Special Appeal from Trial Appellate Division Argued before WOODWARD attorney authority bank cause of action Cent charge charter claim complaint concur construction contract contributory negligence corporation costs County court of equity damages David Akin deceased deed defendant appeals defendant's entitled evidence executor fact GAYNOR held HOOKER injury January 24 JENKS judgment for plaintiff jury Kings County lease Lebanon Springs Railroad liability ment Misc mortgage motion Municipal Court N. Y. Supp negligence Note.—For paid parties payment person plaintiff premises purchase question railroad received recover respondent reversed rule Second Department January Special Term statute stockholders street Supreme Court tenant testator testified testimony thereof third rail tiff tion trial granted trial ordered Trial Term trust verdict Westchester Company York State Reporter
Side 507 - The term corporations, as used in this article, shall be construed to include all associations and joint-stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons.
Side 103 - To warrant the interposition of the court in favor of the minority shareholders in a corporation or joint-stock association, as against the contemplated action of the majority, where such action is within the corporate powers, a case must be made out which plainly shows that such action is so far opposed to the true interests of the corporation itself as to lead to the clear inference that no one thus acting could have been influenced by any honest desire to secure such interests, but that he must...
Side 698 - There is only one form of civil action. The distinction between actions at law and suits in equity, and the forms of those actions and suits, have been abolished.
Side 393 - Debts of the bankrupt may be proved and allowed against his estate which are (1) A fixed liability, as evidenced by a judgment or an instrument in writing, absolutely owing at the time of the filing of the petition against him, whether then payable or not, with any interest thereon which would have been recoverable at that date or with a rebate of interest upon such as were not then payable and did not bear interest...
Side 405 - The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance ; but, in that case, he keeps the contract alive for the benefit of the other party as well as his own...
Side 716 - Probable cause is a reasonable ground of suspicion supported by circumstances sufficiently •strong in themselves to warrant a cautious man in his belief that the person accused is guilty of the offense with which he is charged.
Side 638 - Together with the hereditaments and appurtenances thereunto belonging, and all the right, title and interest of the party of the first part...
Side 225 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Side 485 - ... in and for this state, upon whom all lawful process in any action or proceeding against the company may be served, with the same effect as if the company existed in this state.