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affirmed agreement alleged amount appeal Appellate Division attorney authority automobile bank breach canal cause of action certificate charge Civil Practice Act claim claimant Clearfield County Company compensation complaint concur contract corporation costs counsel counterclaim damages deceased decedent defendant defendant's denied Digests & Indexes dismissed employee entitled Estate Law evidence ex rel executors fact fendant filed granted held highway Indexes 204 issue judgment jury Key-Numbered Digests lease liability lien Matter ment Misc motion N. Y. Supp negligence notice owner paid parties payment person plaintiff pleaded premises proceeding Property Law purchase question Realty recover respondent reversed rule Seneca river Special Term statute street supra Supreme Court Surrogate's Court tenant testator testator's testimony thereof tion topic & KEY-NUMBER trial trust verdict witness York City York County
Side 370 - ... in the same manner as though the property to which such appointment relates belonged absolutely to the donee of such power and had been bequeathed or devised by such donee by will...
Side 55 - But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Side 657 - But acts done In the proper exercise of governmental powers, and not directly encroaching upon private property, though their consequences may impair its use, are universally held not to be a taking within the meaning of the constitutional provision.
Side 743 - To divide, withdraw, or in any manner pay to the stockholders, or any of them, any part of the capital stock of the corporation ; or to reduce such capital stock without the consent of the legislature ; or 3.
Side 430 - All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative. And judgment may be given against such one or more of the defendants as may be found to be liable, according to their respective liabilities, without any amendment.
Side 138 - ... trial, in possession of vouchers not before in his power to procure, and that he was prevented from exhibiting a claim for such credit at the Treasury by absence from the United States or by some unavoidable accident.
Side 491 - If, on the contrary, the act does not necessarily precede the vesting of the estate, but may accompany or follow it, if this is to be collected from the whole will, the condition is subsequent.
Side 461 - In short, it appears to me that the. proper course in all these cases is to search out and follow the true intent of the legislature, and to adopt that sense of the words which harmonizes best with the context and promotes in the fullest manner the apparent policy and objects of the legislature.
Side 715 - The objection that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed ; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may so say.
Side 470 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...