Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volum 194
New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Austin B. Griffin, Jerome B. Fisher
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Reports of Cases Heard and Determined in the Appellate Division ..., Volum 105
Uten tilgangsbegrensning - 1905
affd affirmed agreement alleged amended amount appellant attorney award Bank bill of lading cause of action certificate chap charge Civil Procedure claim claimant Clarke clerk Commission Company complaint concur Constitution contract corporation costs and disbursements counsel counterclaim court of equity damages death deceased decedent December December 17 defendant defendant's demurrer denied dollars costs Dowling employee entered entitled evidence ex rel executed fact favor granted Greenbaum Greenburgh held injury issue January judgment jury landlord Laughlin lease Legislature liability marriage Matter ment Merrell Miss Tannenbaum mortgage motion negligence Negotiable Instruments November Oneida county opinion paid parties payment performance person plaintiff premises proceeding purchase question recover respondent reversed Second Department Special Term statute Supreme Court Surrogate's Court taxes tenant testator testimony thereof Third Department tion trial trust verdict York
Side 419 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Side 579 - What the company is entitled to demand, in order that it may have just compensation, is a fair return upon the reasonable value of the property at the time it is being used for the public.
Side 704 - And if any mischief follow, then thou shalt give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe.
Side 240 - Pennsylvania, to recover $18,000 as the agreed price and value of certain securities, stocks, and bonds alleged to have been sold and delivered by the plaintiff to the defendant. The sale is alleged to have taken place on July 8, 1882.
Side 573 - The title of a person who negotiates an instrument is defective within the meaning of this Act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Side 191 - it extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the State.
Side 167 - Such failure shall not affect the validity of any contract with such corporation, but no action shall be maintained or recovery had in any of the courts of this state by any such foreign corporation so long as it fails to comply with the requirements of said sections.
Side 518 - ' the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it. as if they were expressly referred to or incorporated in its terms.
Side 469 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.