The New York Supplement, Volum 56West Publishing Company, 1899 "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
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Side 7
... answer . This was allowed under section 2244 of the Code of Civil Procedure , which provides that any person in possession , or claiming possession , may file an answer " denying generally the allegations , or specifically any material ...
... answer . This was allowed under section 2244 of the Code of Civil Procedure , which provides that any person in possession , or claiming possession , may file an answer " denying generally the allegations , or specifically any material ...
Side 40
... answer , besides setting up an affirmative defense , admits that a certain balance in favor of the said firm existed at the date alleged , but denies the demand and refusal to pay . On the trial the only question passed upon was whether ...
... answer , besides setting up an affirmative defense , admits that a certain balance in favor of the said firm existed at the date alleged , but denies the demand and refusal to pay . On the trial the only question passed upon was whether ...
Side 41
... answered it , and in such answer , instead of making any point about the manner of the demand , or the place where the money was to be paid , or to the failure to show authority or warrant to receive it , the attorneys stated that the ...
... answered it , and in such answer , instead of making any point about the manner of the demand , or the place where the money was to be paid , or to the failure to show authority or warrant to receive it , the attorneys stated that the ...
Side 45
... answer neither tended to show that a demand would be futile , nor can it fairly be construed as a refusal ; and , unless it oper- ates as one or the other , it clearly did not make that demand good which before that time was good for ...
... answer neither tended to show that a demand would be futile , nor can it fairly be construed as a refusal ; and , unless it oper- ates as one or the other , it clearly did not make that demand good which before that time was good for ...
Side 48
... answer here had alleged that the hus- band had taken moneys in fraud of his partners , then the evidence excluded might have been competent ; and , if it were shown that the moneys were so taken and placed to the wife's credit on the ...
... answer here had alleged that the hus- band had taken moneys in fraud of his partners , then the evidence excluded might have been competent ; and , if it were shown that the moneys were so taken and placed to the wife's credit on the ...
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90 New York affidavit affirmed agreement alleged amended amount answer Appeal from special Appeal from trial Appellate Division apply assessment assignment attorney authority Bank bonds cause of action charge claim Code Civ complaint concur contract corporation costs counsel counterclaim court of equity creditors debts deceased deed defendant defendant appeals defendant's demurrer denied dismissed entitled evidence executed executors fact February 24 fendant firm granted held interest issue jury lease liability ment mortgage motion N. Y. Supp notice paid parties payment person plaintiff premises proceedings proof purchase question railroad reason receiver recover referred refused rent replevin respondent reversed Second Department special term statute street Supreme Court testator testified testimony therein thereof tiff tion town trial term trustees verdict witness York county York State Reporter
Populære avsnitt
Side 472 - The court may determine any controversy between the 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 cause them to be brought in.
Side 776 - ... 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between the same parties for the same cause ; or, 4.
Side 353 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from which they are taken.
Side 427 - S 66, requires the complaint to contain a plain and concise statement of the facts constituting the plaintiff's cause of action; and...
Side 708 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law; and the occupation of the...
Side 669 - Now therefore, the condition of the above obligation is such that if the said shall well and...
Side 434 - Persons committed or detained by virtue of the final judgment or decree of any competent tribunal of civil or criminal jurisdiction, or by virtue of any execution issued upon such judgment or decree...
Side 271 - The notice shall also state that unless such premium, interest, installment or portion thereof, then due, shall be paid to the corporation, or to the duly appointed agent or person authorized to collect such premium by or before the day it falls due, the policy and all payments thereon will become forfeited and void except as to the right to a surrender value or paid-up policy as in this chapter provided.
Side 617 - ... and described premises, with the appurtenances, that the same are free, clear, discharged and unincumbered of and from all former and other grants, titles, charges, estates, judgments, taxes, assessments and incumbrances, of...
Side 504 - Where an appeal is taken upon the facts, the appellate court has the same power to decide the questions of fact, which the surrogate had ; and it may, in its discretion, receive further testimony or documentary evidence, and appoint a referee.