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action affirmed agreed agreement alleged amount answer appeal application Argued assignment authority brought building cause charge claim Commission Company complaint concur condition construction contract corporation costs counsel counterclaim County damages death defendant defendant's delivered denied Department determination Digests & Indexes directed dismissed effect entered entitled evidence fact February finding follows further give given granted ground held interest issue judgment jury Key-Numbered Digests liability loss March matter ment mortgage motion Municipal N. Y. Supp notes notice opinion owner paid parties payment performed person plaintiff premises present proof purchase question railroad reason received recover rent respondent reversed rule Special statute street Supreme Court Term testified testimony thereof tion topic & KEY-NUMBER trial trust wife witness York City
Side 546 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose.
Side 772 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Side 774 - 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 583 - 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.
Side 207 - Part further covenants and agrees to merchandise such wheat in foreign ports, it being understood and agreed between the Party of the First Part and the Party of the Second Part...
Side 713 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Side 5 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Side 526 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to, whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Side 423 - For all wrongs done to the property, rights or interest of another, for which an action might be maintained against the wrong-doer, such action may be brought by the person injured, or, after his death, by his executor or administrator, against such wrong-doer; and, after his death, against his executor or administrator, in the same manner, and with the like effect, in all respects, as actions founded upon contract.