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accord and satisfaction affirmed agreement alleged amount Appeal from Special appellant to abide Appellate Division Appellate Term application Argued before INGRAHAM attorney authority bank BIJUR Brooklyn cause of action Cent certificate charge City Court Civil Procedure claim Code of Civil commissioners Company complaint concur consignee contract corporation costs counsel counterclaim damages defendant appeals defendant's demurrer denied Digs Eminent Domain employe entitled evidence ex rel execution executor fact fees fendant issue judgment June June 17 jurisdiction jury justice Law Consol liable lien ment Misc mortgage motion N. Y. Supp negligence Note.—For number In Dec paid party payment person plaintiff premises question received recover referee Rep'r Indexes respondent reversed Special Term statute street Supreme Court testified testimony thereof tion topic trial ordered trust verdict witness York City York County
Side 384 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; or "2.
Side 686 - He must, in the language of the cases, have sufficient active memory to collect in his mind, without prompting, the particulars or elements of the business to be transacted, and to hold them in his mind a sufficient length of time to perceive at least their obvious relations to each other, and be able to form some rational judgment in relation to them.
Side 42 - the indictment must charge but one crime, and in one form, except as in the next section provided." The next section (279) provides that "the crime may be charged in separate counts to have been committed in a different manner or by different means; and where the acts complained of may constitute different crimes, such crimes may be charged in separate counts.
Side 740 - A person employing or directing another to perform labor of any kind in the erection, repairing, altering or painting of a house, building or structure shall not furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders or other mechanical contrivances which are unsafe, unsuitable or improper, and which arc not so constructed, placed and operated as to give proper protection to the life and limb of a person so employed or engaged.
Side 406 - ... without awarding a new trial, or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits ; the plaintiff, or, if he dies, and the cause of action survives, his representative, may commence a new action for the same cause, after the expiration of the time so limited, and within one year after such a reversal or termination.
Side 280 - Takes, receives, employs, harbors or uses, or causes, or procures to be taken, received, employed, harbored or used, a female under the age of eighteen years, for the purpose of prostitution ; or not being her husband, for the purpose of sexual intercourse...
Side 237 - But when one person lends his servant to another for a particular employment, the servant for anything done in that particular employment must be dealt with as the servant of the man to whom he is lent, although he remains the general servant of the person who lent him.
Side 448 - The Clerk of the Court of Appeals shall keep his office at the seat of government. The Clerk of the Court of Appeals and the...
Side 64 - Where nn attorney is employed in a matter wholly unconnected with his professional character, the court will not interfere in a summary way to compel him to execute faithfully the trust reposed in him. But where the employment is so connected with his professional character as to afford a presumption that his character formed the ground of his employment by the client, there the court will exercise this jurisdiction.
Side 787 - It is sufficient to say that assuming he has a right of action, it does not arise out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's claim, nor is it connected with the subject of the action, nor is it a cause of action on contract.