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action affirmed agreed agreement alleged amount appeal application Argued attorney authority bank bonds cause of action charge claim Code commission Company complaint condition construction contract corporation costs counsel County damages death defendant defendant's delivered denied Department determined Digests & Indexes directed dismissed effect entered entitled evidence executed executors fact filed finding follows further give given granted ground held interest issue judgment jury Key-Numbered Digests land lien March matter ment motion N. Y. Supp necessary notice opinion paid parties payment performance person plaintiff possession premises present proceeding purchase question reason received record recover reference refused respondent reversed rule Special statute street Supreme Court Term testimony thereof tion topic & KEY-NUMBER trial trust verdict York City
Side 255 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision.
Side 15 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Side 591 - It Is now very well settled that a corporation cannot avail itself of the defense of ultra vires when the contract has been in good faith fully performed by the other party, and the corporation has had the full benefit of the performance and of the contract.
Side 651 - ... it depends in each case on the terms of the contract and the circumstances of the case...
Side 658 - For wrongs done to the property, rights or interests of another, for which an action might be maintained against the wrongdoer, such action may be brought by the person injured, or after his death, by his executors or administrators against such wrong-doer, and after his death, against his executors or administrators in the same manner and with the like effect in all respects as actions founded upon contract.
Side 658 - The right of action now existing to recover damages for injuries resulting in death, shall never be abrogated; and the amount recoverable shall not be subject to any statutory limitation.
Side 647 - 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 700 - That any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this act, shall to that extent be void...
Side 493 - ... the meaning of any provision of this act, which limits the time for commencing an action, when the summons is served on him; or on a co-defendant who Is a joint contractor, or otherwise united in interest with him.
Side 286 - To the above named defendant : You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer on the plaintiff's attorney within twenty days after the service of this summons, exclusive of the day of service ; and in case of your failure to appear or answer, judgment will be taken against you by default, for the relief demanded in the complaint.