Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 82 |
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Page 19
... answer in a replevin action . Abram I. Elkus , for the appellant . H. B. Closson , for the respondent . MCLAUGHLIN , J. : On the 26th of November , 1901 , the defendant and one Harlan P. Smith entered into an agreement in writing which ...
... answer in a replevin action . Abram I. Elkus , for the appellant . H. B. Closson , for the respondent . MCLAUGHLIN , J. : On the 26th of November , 1901 , the defendant and one Harlan P. Smith entered into an agreement in writing which ...
Page 20
... answer of the defendant set out fully the foregoing facts , and by reason thereof demanded that the complaint be dismissed and that the chattels replevined be returned to him . The facts set out in the answer were admitted by the ...
... answer of the defendant set out fully the foregoing facts , and by reason thereof demanded that the complaint be dismissed and that the chattels replevined be returned to him . The facts set out in the answer were admitted by the ...
Page 22
... answer , the solution of the question becomes easy . Here were two persons who had been in partnership for years . They mutually agreed to dissolve , pay the debts of the firm and divide equally between themselves whatever remained ...
... answer , the solution of the question becomes easy . Here were two persons who had been in partnership for years . They mutually agreed to dissolve , pay the debts of the firm and divide equally between themselves whatever remained ...
Page 24
... answer to that question . Smith was made the liquidating partner , and all the stock in trade , book accounts and other assets of the firm were vested in him for that purpose . If the agreement stopped there , there would be no ...
... answer to that question . Smith was made the liquidating partner , and all the stock in trade , book accounts and other assets of the firm were vested in him for that purpose . If the agreement stopped there , there would be no ...
Page 50
... answer in the course of business the liabilities existing and capable of being enforced . " The facts must now be considered in the light of this statute and of these principles of law and equity , to determine whether the trans- fer ...
... answer in the course of business the liabilities existing and capable of being enforced . " The facts must now be considered in the light of this statute and of these principles of law and equity , to determine whether the trans- fer ...
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Common terms and phrases
affirmed alleged amendment amount appellant APRIL TERM attorney authority Bartlett Brooklyn Heights Railroad BRUNT cause of action certificate chap Civil Procedure claim clerk Code of Civil commissioners committee complaint concurred contract corporation counsel Court in favor court of equity creditors damages deceased defendant defendant's denied dollars costs Emma Lewy entered entitled evidence ex rel executed executors fact GOODRICH HIRSCHBERG husband Impleaded injuries issue Jenks and Hooker Judgment and order jury Kings County liability lien Matter Max Lewy ment mortgage motion negligence opinion paid parties payment person plaintiff premises proceeding proof question recover Respondent reversed rule SECOND DEPARTMENT Special Term statute Steinway stockholders street Supreme Court Surrogate's Court sustained testator testified testimony thereof tiff tion trial trust verdict wife William William Steinway WOODWARD York York ex rel
Popular passages
Page 625 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 562 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as...
Page 48 - ... vested by operation of law with the title of the bankrupt...
Page 576 - An action, the limitation of which is not specially prescribed in this or the last title, must be commenced within ten years after the cause of action accrues.
Page 673 - 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 452 - No law shall be passed abridging the right of the people peaceably to assemble and to petition the government, or any department thereof; nor shall any divorce be granted otherwise than by due judicial proceedings; nor shall any lottery or the sale of lottery tickets, pool-selling, book-making, or any other kind of gambling hereafter be authorized or allowed within this state; and the legislature shall pass appropriate laws to prevent offenses against any of the provisions of this section.
Page 547 - But it must appear, upon the face of the complaint, that all the causes of action, so united, belong to one of the foregoing subdivisions of this section...
Page 48 - The trustee may avoid any transfer by the bankrupt of his property which any creditor of such bankrupt might have avoided, and may recover the property so transferred, or its value, from the person to whom it was transferred, unless he was a bona fide holder for value prior to the date of the adjudication.
Page 725 - ... in the same manner as though the property to which such appointment relates belonged absolutely to the donee of such power and had been bequeathed or devised by such donee by will...
Page 483 - Upon the authority of these cases, and of others which are to be found in the books, as well as upon general principles, this court is of opinion that, in a case of fraud, of trust, or of contract, the jurisdiction of a court of chancery is sustainable wherever the person be found, although lands not within the jurisdiction of that court may be affected by the decree.