Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volum 33 |
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Side 16
... claim that the vendor in this case was guilty of actual fraud ; but the learned referee has found upon evi- dence which is quite convincing that he did induce the defendant to defer action by representations which turned out to be false ...
... claim that the vendor in this case was guilty of actual fraud ; but the learned referee has found upon evi- dence which is quite convincing that he did induce the defendant to defer action by representations which turned out to be false ...
Side 37
... claim of title was a chattel mortgage ; that the same was valid under the law of the State of Michigan , and that it ... claims the right to maintain this action , it is quite clear that his contention rests upon a substantial foundation ...
... claim of title was a chattel mortgage ; that the same was valid under the law of the State of Michigan , and that it ... claims the right to maintain this action , it is quite clear that his contention rests upon a substantial foundation ...
Side 52
... claim of the appellant's counsel is founded upon neither public opinion nor juridical state- ment , we are brought to the consideration of what we understand to be his principal contention in the case , which is , that the policy of the ...
... claim of the appellant's counsel is founded upon neither public opinion nor juridical state- ment , we are brought to the consideration of what we understand to be his principal contention in the case , which is , that the policy of the ...
Side 70
... claim for personal injuries caused by a defect in a town highway — poles piled near the side of the highway — evidence of want of funds by the commissioner . Where a claim presented to a town under section 16 of the Highway Law ( Chap ...
... claim for personal injuries caused by a defect in a town highway — poles piled near the side of the highway — evidence of want of funds by the commissioner . Where a claim presented to a town under section 16 of the Highway Law ( Chap ...
Side 72
... claim that had been presented to the supervisor of the town under section 16 of the Highway Law ; to this charge the plaintiff duly excepted . The verified statement of claim was as follows : " Thomas Quinn hereby makes verified ...
... claim that had been presented to the supervisor of the town under section 16 of the Highway Law ; to this charge the plaintiff duly excepted . The verified statement of claim was as follows : " Thomas Quinn hereby makes verified ...
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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.