The New York Supplement, Volume 220West Publishing Company, 1927 "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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Page 22
... evidence upon this question was conflicting , and the finding should not , therefore , be dis- turbed . In view , however , of the fact that the claimants named in paragraphs 1 , 2 , and 16 of the decree have filed a consent with this ...
... evidence upon this question was conflicting , and the finding should not , therefore , be dis- turbed . In view , however , of the fact that the claimants named in paragraphs 1 , 2 , and 16 of the decree have filed a consent with this ...
Page 37
... evidence to establish the existence of that relation , but that there is no sound foundation for an arbitrary rule of law requiring courts or juries to regard participation in the profits as a decisive test which will in all instances ...
... evidence to establish the existence of that relation , but that there is no sound foundation for an arbitrary rule of law requiring courts or juries to regard participation in the profits as a decisive test which will in all instances ...
Page 42
... evidence , and not mere- ly on affidavit of expert , without opportunity for cross - examination . 4. Evidence ~ 571 ( 7 ) —Expert's uncontradicted testimony as to value of chattel in replevin is not controlling on issue whether it is ...
... evidence , and not mere- ly on affidavit of expert , without opportunity for cross - examination . 4. Evidence ~ 571 ( 7 ) —Expert's uncontradicted testimony as to value of chattel in replevin is not controlling on issue whether it is ...
Page 89
... evidence and map of the plaintiff's witness Davis , to the effect that the easterly line of the tract granted by the letters patent of April 12 , 1770 , would intersect the transit line west of Stink Lake and at the distance of 6944 ...
... evidence and map of the plaintiff's witness Davis , to the effect that the easterly line of the tract granted by the letters patent of April 12 , 1770 , would intersect the transit line west of Stink Lake and at the distance of 6944 ...
Page 91
... evidence produced before me does not support the assertion . It establishes that the owners of the Lawrence patent at the time of the partition remained after the partition the owners of the land between the Brayhouse line and the true ...
... evidence produced before me does not support the assertion . It establishes that the owners of the Lawrence patent at the time of the partition remained after the partition the owners of the land between the Brayhouse line and the true ...
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Act Laws added by Laws Albert Ottinger alleged amended by Laws amount Appellate Division application award bank cause of action Civil Practice Act claim clause compensation complaint concur contract costs and disbursements counsel damages deceased decedent decree deed defendant corporation defendant's Digests & Indexes district dividend entitled Estate Law evidence ex rel examination executors fact February 25 fendant held Indexes 220 judgment jurisdiction jury justice Key-Numbered Digests lease liable March 11 March 25 Matter ment Misc mortgage Motion denied Motion granted Motion to dismiss Municipal opinion Order filed owner paid parties payment person plaintiff preferred stock premises proceeding provisions purchase question realty Respondent reversed rule Second Department Special Term statute subd supra Supreme Court Surrogate's Court Surrogate's Court Act tenant testator testimony thereof Third Department tion topic & KEY-NUMBER trial trust unanimously affirmed witness York City York County
Popular passages
Page 35 - The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment: (a) As a debt by installments or otherwise...
Page 569 - A provision that the policy shall be incontestable after it has been in force during the lifetime of the insured for a period of two years from its date of issue...
Page 606 - Such subscription shall be made by the testator, in the presence of each of the attesting witnesses, or shall be acknowledged by him, to have been so made, to each of the attesting witnesses : 3. The testator, at the time of making such subscription, or at the time of acknowledging the same, shall declare the instrument so subscribed, to be his last will and testament : 4.
Page 640 - That every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 370 - Unless otherwise provided by agreement in writing added hereto this Company shall not be liable for loss or damage to any property insured hereunder while incumbered by a chattel mortgage, and during the time of such incumbrance this Company shall be liable only for loss or damage to any other property insured hereunder.
Page 172 - The insurance carrier shall pay to the state treasurer for every case of injury causing death in which there are no persons entitled to compensation the sum of one hundred dollars. The state treasurer shall be the custodian of this special fund, and the commission shall direct the distribution thereof.
Page 488 - Every estate granted or devised to two or more persons in their own right shall be a tenancy in common, unless expressly declared to be in joint tenancy; but every estate, vested in executors or trustees as such, shall be held by them in joint tenancy.
Page 389 - The very foundation, in my opinion, of every rule which has been applied to insurance law is this, namely, that the contract of insurance contained in a marine or fire policy is a contract of indemnity, and of indemnity only, and that this contract means that the assured, in case of a loss against which the policy has been made, shall be fully indemnified, but shall never be more than fully indemnified.
Page 128 - Where a right exists, but a demand is necessary to entitle a person to maintain an action, the time, within which the action must be commenced, must be computed from the time, when the right to make the demand is complete; except in one of the following cases: — 1.
Page 145 - But the plaintiff is not entitled to a judgment, establishing a lost or destroyed will, as prescribed in this article, unless the will was in existence, at the time of the testator's death, or was fraudulently destroyed in his life-time ; and its provisions are clearly and distinctly proved by at least two credible witnesses, a correct copy or draft being equivalent to one witness.