Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 29 |
From inside the book
Results 1-5 of 81
Page 2
... sustain , as well as of the damages already sustained . This action was originally brought against the railroad company , but by an order of the court Mr. Uhlmann , as receiver , was made a party defendant , with leave to the plaintiffs ...
... sustain , as well as of the damages already sustained . This action was originally brought against the railroad company , but by an order of the court Mr. Uhlmann , as receiver , was made a party defendant , with leave to the plaintiffs ...
Page 4
... sustained in the past from the defendants , follows , they being , on equitable principles , deemed incidental to the main relief sought . ( Story Eq . Jur . 794 , 795 , 799. ) With the object of doing com- plete justice to all persons ...
... sustained in the past from the defendants , follows , they being , on equitable principles , deemed incidental to the main relief sought . ( Story Eq . Jur . 794 , 795 , 799. ) With the object of doing com- plete justice to all persons ...
Page 5
... sustained by much of authority , that a receiver in a mort- gage foreclosure proceeding is " confined to the care and preservation of the mortgaged property , " and that his appointment gives him " temporary management of the railroad ...
... sustained by much of authority , that a receiver in a mort- gage foreclosure proceeding is " confined to the care and preservation of the mortgaged property , " and that his appointment gives him " temporary management of the railroad ...
Page 7
... sustained down to the trial . " That is the situation in the case at bar ; there is but one cause of action set up in the complaint , and that is for an injunction restraining the defendants from using the property of the plaintiffs ...
... sustained down to the trial . " That is the situation in the case at bar ; there is but one cause of action set up in the complaint , and that is for an injunction restraining the defendants from using the property of the plaintiffs ...
Page 12
... sustained the trial court in its judgment in favor of the defendant , but the decision was based upon the proposition that the transfer was voluntary on the part of the company , and that it had a right to make such terms as it might ...
... sustained the trial court in its judgment in favor of the defendant , but the decision was based upon the proposition that the transfer was voluntary on the part of the company , and that it had a right to make such terms as it might ...
Other editions - View all
Common terms and phrases
accident affidavit affirmed agreement alleged amount appellant to abide application assessment assignment bank bond and mortgage Buffalo cause of action charge chose in action Civil Procedure claim clause clerk Coal Oil complaint concurred contract corporation costs and disbursements counsel Court in favor court of equity damages death deceased defendant defendant's demurrer denied devise DIV.-VOL dollars costs entered entitled evidence ex rel executed executors fact foreclosure FOURTH DEPARTMENT granted Impleaded indorsement INGRAHAM injury intention interest intestate issue judgment jury Karstens liable lien ment motion negligence notice owner paid parties payment person plaintiff premises question real estate reason received recover rendered Respondent reversed rule RUMSEY sidewalk snow soap Special Term statute street Supreme Court sustained testator testified testimony thereof Third Avenue Railroad tiff tion Trial Term trust usury verdict wife witness XXIX York
Popular passages
Page 355 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 141 - No association shall make any loan or discount on the security of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith...
Page 519 - ... in trust or otherwise, more than one-half part of his or her estate, after the payment of his or her debts, and such devise or bequest shall be valid to the extent of one-half, and no more.
Page 400 - If, after the expiration of one year from the granting of letters testamentary or letters of administration, an executor or administrator refuses, upon demand, to pay a legacy, or distributive share, the person entitled thereto may maintain such an action against him, as the case requires.
Page 1 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Page 3 - It is the constant aim of a court of equity to do complete justice by deciding upon and settling the rights of all persons interested...
Page 517 - ... interested therein; and for a sale thereof, if it appears that a partition thereof cannot be made, without great prejudice to the owners.
Page 136 - No transfer of the stock of this association shall be made without the consent of the board of directors, by any stockholder, who shall be liable to the association either as principal debtor or otherwise, which liability shall be a lien upon the said stock and all profits thereof and dividends.
Page 113 - It is a general and well settled principle that the assignee of a chose in action takes it subject to...
Page 258 - ... by the seller of property or business not to compete with the buyer in such a way as to derogate from the value of the property or business sold; (2) by a retiring partner not to compete with the firm; (3) by a partner pending the partnership not to do anything to interfere, by competition or otherwise, with the business of the firm...