The New York Supplement, Volume 33West Publishing Company, 1895 "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 68
Page 41
... action for rent is not converted into an equitable action , in which costs are in the discretion of the court , merely by the making of a motion for an interpleader , which is not granted . 2. PRACTICE IN CIVIL CASES - DISCONTINUANCE ...
... action for rent is not converted into an equitable action , in which costs are in the discretion of the court , merely by the making of a motion for an interpleader , which is not granted . 2. PRACTICE IN CIVIL CASES - DISCONTINUANCE ...
Page 42
... action must be assumed to have been before the court , and , in the complaint , interest was demanded from appropriate dates . Thus , such interest was as much a part of plaintiff's claim as any other item constituting it , and , the ...
... action must be assumed to have been before the court , and , in the complaint , interest was demanded from appropriate dates . Thus , such interest was as much a part of plaintiff's claim as any other item constituting it , and , the ...
Page 43
... action is brought against the surety alone on a bond given to secure certain agreed payments by the principal to plaintiff , the principal has an interest in the subject - matter of the action , within Code Civ . Proc . § 452 , which ...
... action is brought against the surety alone on a bond given to secure certain agreed payments by the principal to plaintiff , the principal has an interest in the subject - matter of the action , within Code Civ . Proc . § 452 , which ...
Page 44
... action , as the surety company cannot and will not avail themselves of the defense . The answer of the company in the action pleads defect of parties , averring the bond to be the joint obligation of the company and Mason . This ...
... action , as the surety company cannot and will not avail themselves of the defense . The answer of the company in the action pleads defect of parties , averring the bond to be the joint obligation of the company and Mason . This ...
Page 51
... action , but subsequent to October 11 , 1893 , and which did not mature until October 16 , 1893. The learned trial justice ruled against the allowance of the counterclaim and set - off , and directed judgment for the plain- tiff in the ...
... action , but subsequent to October 11 , 1893 , and which did not mature until October 16 , 1893. The learned trial justice ruled against the allowance of the counterclaim and set - off , and directed judgment for the plain- tiff in the ...
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Common terms and phrases
12 Misc agreement alleged amount answer Appeal from special application April April 12 Argued assignment attorney authority bank bonds cause of action certificate charge city court Civil Procedure claim Code Civ codicil Company complaint concur contract contributory negligence corporation costs counsel court of equity creditors damages deceased deed defendant appeals defendant's demurrer entitled Erie county evidence execution executor fact favor of plaintiff fendant fraud granted held intent issue judge Judgment affirmed jury land liable lien ment misjoinder Monroe county mortgage motion N. Y. Supp negligence notice order denying paid parties payment person possession premises proceedings purchase question Railroad reason received recover reference relator respondent reversed rule special term statute street Supreme Court surrogate's court testator testimony thereof tiff tion trial trust verdict witness York City York county
Popular passages
Page 578 - ... any child to whom any such decedent, grantor, donor, or vendor for not less than ten years prior to such transfer stood in the mutually acknowledged relation of a parent...
Page 546 - ... with the president, or other head of the association or corporation, or the secretary, cashier or managing agent thereof.
Page 387 - The surrogate's court in the county in which the real property is situate of a decedent who was not a resident of the state, or in the county of which the decedent was a resident at the time of his death, shall have jurisdiction to hear and determine all questions in relation to the tax arising under the provisions of this act, and the surrogate first acquiring jurisdiction hereunder shall retain the same to the exclusion of every other.
Page 484 - No foreign stock corporation other than a monied corporation, shall do business in this state without having first procured from the secretary of state a certificate that it has complied with all the requirements of law to authorize it to do business in this state, and that the business of the corporation to be carried on in this state is such as may be lawfully carried on by a corporation incorporated under the laws of this state for such or similar business...
Page 405 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Page 328 - No conveyance, assignment or transfer of any property of any such corporation by it or by any officer, director or stockholder thereof, nor any payment made, judgment suffered, lien created or security given by it or by any officer, director or stockholder when the corporation is insolvent or its insolvency is imminent, with the intent of giving a preference to any particular creditor over other creditors of the corporation shall be valid.
Page 722 - The rule must be regarded as well settled that the contracts of executors, although made in the interest and for the benefit of the estate they represent, if made upon a new and independent consideration, as for services rendered, goods or property sold and delivered, or other consideration moving between the promisee and the executors as promisors, are the personal contracts of the executors, and do not bind the estate...
Page 370 - In every public department and upon all public works of the state of New York and of the cities, counties, towns and villages thereof, honorably discharged soldiers, sailors and marines from the army and navy of the United States in the late...
Page 714 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Page 515 - ... director or stockholder when the corporation is insolvent or its insolvency is imminent, with the intent of giving a preference to any particular creditor over other creditors of the corporation shall be valid. Every person receiving by means of any such prohibited act or deed any property of the corporation shall be bound to account therefor to its creditors or stockholders or other trustees.