The New York Supplement, Volume 3West Publishing Company, 1889 "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 84
Page 11
... regard to other propositions made by either party ? If so in- tended , it was certainly sufficient , and might be sufficient , without such in- tent , if it could not be otherwise correctly interpreted by the defendants . Par- ties can ...
... regard to other propositions made by either party ? If so in- tended , it was certainly sufficient , and might be sufficient , without such in- tent , if it could not be otherwise correctly interpreted by the defendants . Par- ties can ...
Page 34
... regard to the claim that there was an agreement for a lien upon the cattle themselves for the amount of money advanced by the plaintiffs , the case de- pends wholly upon the testimony of the plaintiff Thomas Macmanus , who had the ...
... regard to the claim that there was an agreement for a lien upon the cattle themselves for the amount of money advanced by the plaintiffs , the case de- pends wholly upon the testimony of the plaintiff Thomas Macmanus , who had the ...
Page 47
... regard to the question upon which the former judgment was reversed , the plaintiff must be held to have failed to establish a cause of action against the defendant upon the last trial . The decision of this court upon the merits in the ...
... regard to the question upon which the former judgment was reversed , the plaintiff must be held to have failed to establish a cause of action against the defendant upon the last trial . The decision of this court upon the merits in the ...
Page 55
... regard the contract as forfeited , and retain the property as his own , and sue the vendee for damages for the non - performance of the contract , in which case the damages are limited to the difference between thẹ contract price and ...
... regard the contract as forfeited , and retain the property as his own , and sue the vendee for damages for the non - performance of the contract , in which case the damages are limited to the difference between thẹ contract price and ...
Page 68
... regard to the direction for the division of the residu- ary estate , that it was designed to so operate that in case any two of the minor children should die before attaining majority the division should be deferred until the third ...
... regard to the direction for the division of the residu- ary estate , that it was designed to so operate that in case any two of the minor children should die before attaining majority the division should be deferred until the third ...
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Common terms and phrases
action affirmed agreement alleged amount answer Appeal from special Argued assessment assignment attorney cause of action charge Civil Procedure claim clause Code Civil Proc codicil commissioners complaint concur contract corporation costs counsel court of equity creditors damages death debt deceased decedent December 13 deed defendant defendant appeals defendant's demurrer duty DYKMAN entitled evidence execution executor fact fendant granted held interest issue judge judgment jury justice Kings county land legacies legatee letters testamentary liable lien ment mortgage motion N. E. Rep negligence notice November 20 Owego owner paid parties payment person plaintiff premises proceedings proof purchase purpose question Railroad received recover reference residence residuary residuary estate respondent special term statute Supreme Court surrogate surrogate's court testator testatrix testified testimony thereof tion trial trust verdict Walter McQueen witness York York County
Popular passages
Page 279 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to my beloved wife, to have and to hold to her, my said wife, and to her heirs and assigns forever.
Page 310 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 553 - 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 378 - For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States ; nor while engaged in the navigation of the waters of this State or of the United States...
Page 432 - ... arising. There are pitfalls and man-traps at every step, and the mere youth at the very outset of his career, needs often the prudence and self-denial, as well as the moral courage, which belong...
Page 573 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 413 - Any combination the tendency of which is to prevent competition in its broad and general sense, and to control and thus at will enhance prices to the detriment of the public...
Page 572 - ... at the determination of the period limited by this act to any person for making an entry or distress, or bringing any writ of quare impedit, or other action or suit, the right and title of such person to the land, rent, or advowson, for the recovery whereof such entry, distress, action, or suit respectively, might have been made or brought within such period, shall be extinguished.
Page 611 - And when the allegations of a pleading are so indefinite or uncertain that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain, by amendment.
Page 567 - A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to an acquittal...