Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 80 |
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Page xxxiv
... ment Co ...... 268 Hutchinson v . Washburn .. 367 352 Hutchinson v . Young .... 246 Huwer , Levy v . 499 Griggs v . Griggs .... 339 Hyde , Spier v .. 627 Groarke v . Laemmle .. Groh's Sons v . Groh ..... Grossman v . Reinhardt ... 626 ...
... ment Co ...... 268 Hutchinson v . Washburn .. 367 352 Hutchinson v . Young .... 246 Huwer , Levy v . 499 Griggs v . Griggs .... 339 Hyde , Spier v .. 627 Groarke v . Laemmle .. Groh's Sons v . Groh ..... Grossman v . Reinhardt ... 626 ...
Page 23
... ment alone an action could be successfully maintained against the defendant . We are of the opinion , therefore , that the judgment appealed from must be reversed and a new trial ordered , with costs to the appellant to abide the event ...
... ment alone an action could be successfully maintained against the defendant . We are of the opinion , therefore , that the judgment appealed from must be reversed and a new trial ordered , with costs to the appellant to abide the event ...
Page 28
... ment was made to the jury , at least in effect , that the omission to exercise ordinary care and prudence on the part of the motorman would render the appellant negligent , and by reason thereof liable , even though such lack of ...
... ment was made to the jury , at least in effect , that the omission to exercise ordinary care and prudence on the part of the motorman would render the appellant negligent , and by reason thereof liable , even though such lack of ...
Page 31
... ment of the Supreme Court in favor of the plaintiff , entered in the office of the clerk of the county of New York on the 15th day of May , 1902 , upon the verdict of a jury , and also from an order entered in said clerk's office on the ...
... ment of the Supreme Court in favor of the plaintiff , entered in the office of the clerk of the county of New York on the 15th day of May , 1902 , upon the verdict of a jury , and also from an order entered in said clerk's office on the ...
Page 32
... ment entered thereon defendant has appealed . The respondent contends that it is unnecessary to examine the errors alleged by the appellant , inasmuch as there was no competent App . Div . ] FIRST DEPARTMENT , FEBRUARY TERM 32 ROWAN v ...
... ment entered thereon defendant has appealed . The respondent contends that it is unnecessary to examine the errors alleged by the appellant , inasmuch as there was no competent App . Div . ] FIRST DEPARTMENT , FEBRUARY TERM 32 ROWAN v ...
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Common terms and phrases
alleged amended amount appellant avenue Bartlett Brooklyn Brooklyn Heights Railroad cause of action chap charge Civil Procedure claim clerk Code of Civil commissioners Company complaint concurred construction contract contributory negligence corporation costs and disbursements Court in favor damages deceased defendant defendant's denied dismissed dollars costs duty entered entitled evidence ex rel executors fact FEBRUARY TERM Goodrich granted Groh Hirschberg and Hooker injuries issue Jenks and Hooker Judgment affirmed Judgment and order Judgment reversed jury Kings County letters testamentary liable lien MARCH TERM Matter ment Metropolitan Street Railway motion negligence opinion Order affirmed Order reversed owner paid party payment person plaintiff premises proof question railroad reason received recover Respondent rule SECOND DEPARTMENT Simeon D Special Term statute supra Supreme Court Surrogate's Court sustained testator testimony thereof tion trial trust verdict Woodward York
Popular passages
Page 107 - Value is any consideration sufficient to support a simple contract. An antecedent or pre-existing debt constitutes value ; and is deemed such whether the instrument is payable on demand or at a future time.
Page 108 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Page 427 - The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State to all mankind ; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.
Page 614 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 108 - 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.
Page 496 - Where the will has been lost, concealed, or destroyed, the cause of action is not deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts upon which its validity depends.
Page 328 - Ganzle, being duly sworn, says : That he is the petitioner in the above entitled application, that he has read the foregoing petition and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters, he believes it to be true.
Page 108 - That it is complete and regular upon its face. (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (3) That he took it in good faith and for value. (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 204 - ... officer, or as a person authorized by agreement, or by competent authority, to hold or take such possession, custody, or control, any money, property, evidence of debt or contract, article of value of any nature, or thing in action or possession, appropriates the same to his own use, or that of any other person other than the true owner or person entitled to the benefit thereof; steals such property, and is guilty of larceny.
Page 542 - An Act to extend and regulate the Liability of Employers to make Compensation for Personal Injuries suffered by Workmen in their service.