The New York Supplement, Volume 182West Publishing Company, 1920 "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
From inside the book
Results 1-5 of 65
Page 28
... counterclaims , in the absence of allegations that it arose out of the transaction alleged in the complaint , or that it was connected with the subject of the action . 3. Set - off and counterclaim 42 - Counterclaim in favor of one ...
... counterclaims , in the absence of allegations that it arose out of the transaction alleged in the complaint , or that it was connected with the subject of the action . 3. Set - off and counterclaim 42 - Counterclaim in favor of one ...
Page 29
... counterclaim alleges that during a period which embraces the date of the alleged fraud the defendant corporation was employed as the plaintiffs ' purchasing agent and so acted and became entitled to commissions which have been demanded ...
... counterclaim alleges that during a period which embraces the date of the alleged fraud the defendant corporation was employed as the plaintiffs ' purchasing agent and so acted and became entitled to commissions which have been demanded ...
Page 30
... counterclaims are set up on behalf of the de- fendant corporation alone . With respect to the second counterclaim , there is still less ground for arguing that an inference may be drawn of some connection between the counterclaim and ...
... counterclaims are set up on behalf of the de- fendant corporation alone . With respect to the second counterclaim , there is still less ground for arguing that an inference may be drawn of some connection between the counterclaim and ...
Page 81
... counterclaim of consignees to whom car was ultimately diverted was not valid against last railroad . 2. Carriers177 ( 4 ) -Carmack Amendment does not render connecting car- rier liable for prior losses . Carmack Amendment to Interstate ...
... counterclaim of consignees to whom car was ultimately diverted was not valid against last railroad . 2. Carriers177 ( 4 ) -Carmack Amendment does not render connecting car- rier liable for prior losses . Carmack Amendment to Interstate ...
Page 82
... counterclaim for loss . Where shipment was diverted from original consignee to parties who ordered further diversion , railroad then having shipment agreeing to deliver car in time for certain train on terminal road , but car was not so ...
... counterclaim for loss . Where shipment was diverted from original consignee to parties who ordered further diversion , railroad then having shipment agreeing to deliver car in time for certain train on terminal road , but car was not so ...
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Common terms and phrases
affirmed agreement alleged amended amount appeal Appellate Division Appellate Term attorney bank bonds cause of action certificate charge claim claimant commission complaint concur contract corporation costs counsel counterclaim County court of equity covenant damages decedent defendant defendant's Digests & Indexes dismissed employé entitled evidence ex rel executor fact fendant granted Greenburgh held Indexes 182 injury issue judgment jury justice Key-Numbered Digests land landlord lease Legislature liable lien matter ment Misc mortgage motion Municipal Court N. Y. Supp negligence owner paid parties payment person plaintiff pleaded premises proceeding purchase question recover rent replevin respondent reversed rule Special Term statute street supra Supreme Court Surrogate's Court tenant testified testimony thereof tion topic & KEY-NUMBER town trial trust company ultra vires undertenants verdict witness York City York County
Popular passages
Page 688 - 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.
Page 84 - That any common carrier, railroad, or transportation company receiving property for transportation from a point in one State to a point in another State shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it...
Page 405 - That a person to whom a bill has been transferred, but not negotiated, acquires thereby as against the transferor the title to the goods, subject to the terms of any agreement with the transferor.
Page 508 - The body politic is formed by a voluntary association of individuals: it is a social compact, by which the whole people covenants with each citizen and each citizen with the whole people, that all shall be governed by certain laws for the common good.
Page 509 - Looking, then, to the common law, from whence came the right which the Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only.
Page 616 - ... if the goods are to be manufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the seller's business, the provisions of this section shall not apply.
Page 793 - Court may be removed by concurrent resolution of both houses of the Legislature, if two-thirds of all the members elected to each house concur therein.
Page 464 - If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger.
Page 789 - Every contract for the leasing for a longer period than one year, or for the sale of any lands, or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.
Page 793 - Justices of the Peace and judges or. justices of inferior courts not of record, and their clerks, may be removed for cause, after due notice and an opportunity of being heard by such courts as are or may be prescribed by law.