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accident action affirmed agreement alleged amount answer appellant applied assessment attorney authority bank brought called cause of action chap charge claim clerk Company complaint concurred condition construction contract costs court damages death December defendant defendant's denying direction dismiss dollars duty effect engineer entered entitled event evidence executed fact favor follows give given granted ground held injury intended interest issue judgment jury justice land liability Matter motion necessary negligence notice November opinion owner paid parties payment performance person plaintiff possession premises present proceeding question reason received recover reference relator removed rendered respect respondent reversed rule Second Department Special statute street Supreme Court taken Term testimony thereof tion trial trust verdict witness York
Side 381 - Should the Contractor at any time refuse or neglect to supply a sufficiency of properly skilled workmen, or of materials of the proper quality, or fail in any respect to prosecute the work wIth promptness and diligence, or fail in the performance of any of the agreements herein contained, such refusal, neglect or failure being certified by the Architects, the Owner shall be at liberty, after three days...
Side 402 - Where, after the passage of this act, personal injury is caused to an employee, who Is himself in the exercise of due care and diligence at the time : — (1) By reason of any defect in the condition of the ways, works or machinery connected with or used in the business of the employer...
Side 824 - No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation ; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes.
Side 91 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were negotiable. But a holder who derives his title through a holder in due course...
Side 90 - Miller was a real or fictitious individual." as though determined by the supreme court itself. (Bridges v. Fisk, 53 Cal. App. 117 [200 Pac. 71].)  Appellant also insists that it was error on the part of the trial court to permit...
Side 358 - States, that the measure of damages is the difference between the contract price and the market value of the...
Side 418 - And the appellate court may order a new trial if it be satisfied that the verdict against the prisoner was against the weight of evidence, or against law, or that justice requires a new trial ; whether any exception shall have been taken or not, in the court below.
Side 365 - An action against a foreign corporation may be maintained by a resident of the State, or by a domestic corporation, for any cause of action. An action against a foreign corporation may be maintained by another foreign corporation, or by a nonresident, in one of the following cases only : 1.
Side 95 - ... a reversal of the judgment and the granting of a new trial as to all of the defendants.