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Reports of Cases Decided in the Court of Appeals of the State of ..., Volum 191
New York (State). Court of Appeals
Uten tilgangsbegrensning - 1908
Reports of Cases Decided in the Court of Appeals of the State of ..., Volum 144
New York (State). Court of Appeals
Uten tilgangsbegrensning - 1895
affirmed a judgment affirmed an order alleged Andrews Appeal from judgment appellant applied Argued March Bank Barb bill of lading bonds bromide caffeine cargo cause of action chap charge charter party Clyde & Co Code Civ commissioners complaint concur consignee contract corporation court of equity creditors debts deceased decided April deed defendant defendant's delivered delivery demurrage duty easement entitled evidence ex rel execution executors facts favor of plaintiff Finch granted Gray held interest issue judge Judgment affirmed judgment in favor judicial department jury land liable lien long account Maspeth ment mortgage N. Y. Rep negligence O'Brien Opinion owner payment Peckham person plaintiff plaintiff entered proceedings proof provision question real estate reason reference respondent reversed rule set-off Sickels—Vol Special Term Statement statute Supreme Court testator tiff tion trial trust verdict vested warrants Wend writ XCVII
Side 385 - ... be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
Side 596 - ... made after the commission of an act of insolvency, or in contemplation thereof, with a view to prevent the application of its assets in the manner prescribed by this act, or with a view to the preference of one creditor to another, except in payment of its circulating notes, shall be utterly null and void.
Side 596 - ... on all such claims as may have been proved to his satisfaction or adjudicated in a court of competent jurisdiction...
Side 385 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be indorsed hereon or added hereto^ and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...
Side 340 - ... that it could not be said, as matter of law, that the risk had been assumed. This contention is sustained by a well-considered case. Stager v. Troy Laundry Co., 38 Oregon, 480. See Frank v. Evans' Steam City Laundry Co., 70 Nebraska, 75.
Side 495 - Probable cause," which will justify a criminal accusation, is defined to be "a reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Side 523 - That which never happened before, and which in its character is such as not to naturally occur to prudent men to guard against its happening at all, cannot when in the course of years it does happen, furnish good ground for charge of negligence in not foreseeing its possible happening and guarding against that remote contingency.
Side 341 - If the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other Is apportioned to each Item to be performed, or is left to be implied by law, such a contract will generally be held to be eeverable.
Side 95 - I pretend, after the best consideration I have been able to give to the subject, to hold an opinion far from doubt.