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Reports of Cases Heard and Determined in the Appellate Division ..., Volum 105
Uten tilgangsbegrensning - 1905
affd agreement alleged amended amount appellant April April 9 attorney award bank bonds Bronx cause of action certificate chap charge City Civil Procedure claim Clarke Commission complaint concur contract contributory negligence corporation costs and disbursements counsel court of equity damages death deceased decedent defendant defendant's demurrer denied dismissed dollars costs Dowling employee entitled evidence ex rel executors fact granted held Impleaded injury Judgment and order jury Laughlin lease March Matter Merrell and Philbin mortgage motion negligence opinion Order affirmed paid parties payment Penal Law person plaintiff premises Present proceedings purchase question real property received recover Respondent Second Department Shonts Smith Special Term specific performance statute subd Supreme Court tenant testator testimony thereof Third Department tion trial trust company ultra vires verdict witness Workmen's Compensation Law York
Side 694 - That in all actions hereafter brought against any common carriers to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery where his contributory negligence was slight and that of the employer was gross in comparison, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee. All questions...
Side 819 - Where there is a contract for the sale of goods to be delivered by stated instalments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more instalments...
Side 53 - ... shall not be enforceable by action unless the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Side 315 - The commissioner, board, referee or deputy commissioner in making an investigation or inquiry or conducting a hearing shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter; but may make such investigation or inquiry or conduct such hearing in such manner as to ascertain the substantial rights of the parties.
Side 225 - The certificate of incorporation of any corporation may contain any provision for the regulation of the business and the conduct of the affairs of the corporation, and any limitation upon its powers, or upon the powers of its directors and stockholders, which does not exempt them from the performance of any obligation or the performance of any duty imposed by law.
Side 15 - personal injury" mean only accidental injuries arising out of and in the course of employment and such disease or infection as may naturally and unavoidably result therefrom.
Side 51 - A contract to sell or a sale of any goods or choses in action of the value of fifty dollars or upwards shall not be enforceable by action unless the buyer shall accept part of the goods or choses in action so contracted to be sold...
Side 708 - ... without ascertaining by diligent inquiry that the person selling or delivering the same has a legal right to do so...