Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volum 33 |
Inni boken
Resultat 1-5 av 91
Side 7
... brought in the name of the said plaintiff , is in reality instituted and conducted by the proprietors of the said Review , not for the purpose of protecting the interests of the public , but to further their own private ends and ...
... brought in the name of the said plaintiff , is in reality instituted and conducted by the proprietors of the said Review , not for the purpose of protecting the interests of the public , but to further their own private ends and ...
Side 9
... brought under chapter 161 of the Laws of 1872 by a taxpayer , in which it was admitted that it was not brought for the protection of the plaintiff and of other taxpayers , but at the instigation and expense of parties using the ferry ...
... brought under chapter 161 of the Laws of 1872 by a taxpayer , in which it was admitted that it was not brought for the protection of the plaintiff and of other taxpayers , but at the instigation and expense of parties using the ferry ...
Side 12
... brought by the firm of L. Wegenaar & Son , of which the plaintiff is the surviving member , to recover a balance claimed to be due upon the contract price of a monument which the plaintiff's firm had erected upon the defendant's ...
... brought by the firm of L. Wegenaar & Son , of which the plaintiff is the surviving member , to recover a balance claimed to be due upon the contract price of a monument which the plaintiff's firm had erected upon the defendant's ...
Side 21
... brought their horse to a standstill in order to avoid coming into collision with it . ( Waldele v . N. Y. C. & H. R. R. R. Co. , 4 App . Div . 549. ) It is an undisputed fact in the case that just after passing the cider mill the ...
... brought their horse to a standstill in order to avoid coming into collision with it . ( Waldele v . N. Y. C. & H. R. R. R. Co. , 4 App . Div . 549. ) It is an undisputed fact in the case that just after passing the cider mill the ...
Side 26
... brought . George Clinton and Harvey D. Goulder , for the appellant . Norris Morey , for the respondents . ADAMS , J .: This case appears to have been twice tried . Upon the first trial a verdict was directed in favor of the defendant ...
... brought . George Clinton and Harvey D. Goulder , for the appellant . Norris Morey , for the respondents . ADAMS , J .: This case appears to have been twice tried . Upon the first trial a verdict was directed in favor of the defendant ...
Andre utgaver - Vis alle
Vanlige uttrykk og setninger
A. S. Holmes affidavit agreement alimony alleged amended amount appellant application appointed assignment attorney AUGUST TERM authority bank Brewster & Co cause of action charge charter Civil Procedure claim clerk commissioners Company complaint concurred contract contributory negligence corporation costs and disbursements creditors damages deceased deed defendant defendant's denied DIV.-VOL dollars costs duty entitled evidence ex rel execution fact firm FOURTH DEPARTMENT granted held Impleaded injury intention Judgment affirmed JULY TERM jury justices Kings County Legislature liability Matter mayor ment mortgage motion negligence OCTOBER TERM opinion Order affirmed Order reversed paid partnership party payment person plaintiff police premises proceedings question reason received recover referred Respondent rule RUMSEY SECOND DEPARTMENT Special Term statute street Supreme Court Surrogate's Court ten dollars costs testator thereof tion trial trustee verdict XXXIII York YORK ex rel
Populære avsnitt
Side 176 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Side 174 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Side 532 - The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election a,fter the happening of the vacancy.
Side 482 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable. Any fair reasonable doubt concerning the existence of power is resolved by the courts against the corporation...
Side 97 - Commonwealth that no private action, unless authorized by express statute, can be maintained against a city for the neglect of a public duty imposed upon it by law for the benefit of the public, and from the performance of which the corporation receives no profit or advantage.
Side 192 - CD, of &.C., my true and lawful attorney, for me, and in my name...
Side 69 - But every one has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. In the familiar phrase of Lord Denman, '• you have the right to the benefit you anticipate from the character, credit, and substance of the party with whom you contract.
Side 102 - No act committed by a person while in a state of voluntary intoxication, shall be deemed less criminal by reason of his having been in such condition.
Side 494 - No gift, grant, or devise to religious, educational, charitable or benevolent uses, which shall in other respects be valid under the Laws of this state, shall be deemed invalid by reason of the indefiniteness or uncertainty of the persons designated as the beneficiaries thereunder in the instrument creating the same.
Side 205 - ... except for incompetency or misconduct shown after a hearing upon due notice upon stated charges, and with the right to such employee or appointee to a review by a writ of certiorari.