Miscellaneous Reports. Cases Decided in the Courts of Record of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Volume 17Lawyers Co-operative Publishing Company, 1896 "Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly) |
From inside the book
Results 1-5 of 85
Page 32
... plaintiff , and that plaintiff was the owner and holder thereof . The answer admitted the making and delivery of the note and that it had not been paid , and denied any knowledge or information sufficient to form a belief as to whether ...
... plaintiff , and that plaintiff was the owner and holder thereof . The answer admitted the making and delivery of the note and that it had not been paid , and denied any knowledge or information sufficient to form a belief as to whether ...
Page 33
... plaintiff take judgment upon the pleadings as they stand ? Under this complaint is it necessary for the plaintiff to make any proof , or to ask any admissions on the part of the defendants to entitle the plaintiff to take judgment ? The ...
... plaintiff take judgment upon the pleadings as they stand ? Under this complaint is it necessary for the plaintiff to make any proof , or to ask any admissions on the part of the defendants to entitle the plaintiff to take judgment ? The ...
Page 34
... plaintiff framed his complaint in such a manner as to invite this issue , and he cannot now relieve him- self from ... plaintiff and contest the allegation that the plaintiff is the owner and holder of the note . The defendants would ...
... plaintiff framed his complaint in such a manner as to invite this issue , and he cannot now relieve him- self from ... plaintiff and contest the allegation that the plaintiff is the owner and holder of the note . The defendants would ...
Page 58
... plaintiff's residence , which was close by . Held , that defendant did not exercise reasonable care and was responsible for the erroneous payment . APPEAL from judgment in favor of the plaintiff , entered upon a verdict . J. W. Pirsson ...
... plaintiff's residence , which was close by . Held , that defendant did not exercise reasonable care and was responsible for the erroneous payment . APPEAL from judgment in favor of the plaintiff , entered upon a verdict . J. W. Pirsson ...
Page 89
... plaintiff cannot recover . Atwood v . Beirne , 57 N. Y. St. Repr . 264 . But if it was forced by fear or threat or duress , induced or pro- cured by the defendant , it will not relieve them from their liability , and , when there is ...
... plaintiff cannot recover . Atwood v . Beirne , 57 N. Y. St. Repr . 264 . But if it was forced by fear or threat or duress , induced or pro- cured by the defendant , it will not relieve them from their liability , and , when there is ...
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Common terms and phrases
affidavit affirmed agreement alleged amount Appellate Term application assignment attorney authority bank beneficiary BISCHOFF Cattaraugus County cause of action charge City Court claim Code codicil complaint concur contract corporation costs counsel County creditors DALY debt deceased defendant defendant's demurrer denied discharge entitled evidence ex rel execution executors fact favor ground held indorsed intention interest issued Jacob Sharpe judgment July June jurisdiction jury justice Koster & Bial's lease letters testamentary liability lien liquors Matter MCADAM ment Misc mortgage motion N. Y. St N. Y. Supp negligence Negus Oneida County Onondaga County owner paid parties payment person plaintiff premises proceedings proof question real estate reason recover relator Repr respondent reversed Special Term statute street sufficient Supreme Court Surrogate's Court testator testified testimony thereof Thomas Cornell tion trustee Ulster County verdict witnesses York
Popular passages
Page 454 - ... together with the appurtenances and all the estate and rights of the party of the first part in and to said premises.
Page 594 - There must be reasonable evidence of negligence ; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use the proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 189 - The above instrument, consisting of two pages, was, at the date thereof, signed sealed published and declared, by the said Oliver Murray, as and for ^ his last will and testament, in presence of us, who, at his request and in his presence, and in the presence of each other have subscribed our names as witnesses thereto Henry V.
Page 324 - 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 539 - By the law of the land, is most clearly intended, the general law; a law, which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Page 560 - ... if the party to be examined shall be a female she shall be entitled to have such examination before physicians or surgeons of her own sex.
Page 715 - A judgment that the defendant pay a fine, may also direct that he be imprisoned until the fine be satisfied, in the proportion of one day's imprisonment for every dollar of the fine.
Page 108 - 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.
Page 124 - In an action brought by or against a corporation, the complaint must aver that the plaintiff, or the defendant, as the case may be, is a corporation ; must state •whether it is a domestic corporation or a foreign corporation ; and, if the latter, the State, country, or government, by or under whose laws it was created.
Page 38 - A child, when adopted, may take the family name of the 'person adopting. After adoption the two shall sustain towards each other the legal relation of parent and child, and have all the rights and be subject to all the duties of that relation.