The New York Supplement, Volume 61West Publishing Company, 1900 |
From inside the book
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Page 6
... REFERENCE . In an action for an accounting , plaintiff alleged an agreement to pay defendant a certain fixed rent , and a certain additional sum out of the profits of a hotel as rent . Defendant admitted the lease , but denied per ...
... REFERENCE . In an action for an accounting , plaintiff alleged an agreement to pay defendant a certain fixed rent , and a certain additional sum out of the profits of a hotel as rent . Defendant admitted the lease , but denied per ...
Page 7
... reference on the ground that there were questions of fact which it was necessary to decide first . 3. SAME WHEN GRANTED . An order of reference to take an accounting cannot be sustained in the absence of evidence that it would require ...
... reference on the ground that there were questions of fact which it was necessary to decide first . 3. SAME WHEN GRANTED . An order of reference to take an accounting cannot be sustained in the absence of evidence that it would require ...
Page 8
... reference be drawn , and accordingly the order appealed from was prepared and signed . The order was not a decision of the action in whole or in part . It recited that it appeared to the satisfaction of the court that the plaintiff was ...
... reference be drawn , and accordingly the order appealed from was prepared and signed . The order was not a decision of the action in whole or in part . It recited that it appeared to the satisfaction of the court that the plaintiff was ...
Page 16
... reference for an accounting to plaintiff from defend- ant , the latter appeals . Affirmed . Argued before VAN BRUNT , P. J. , and RUMSEY , MCLAUGHLIN , O'BRIEN , and INGRAHAM , JJ . Carlisle Norwood , for appellant . John E. Parsons ...
... reference for an accounting to plaintiff from defend- ant , the latter appeals . Affirmed . Argued before VAN BRUNT , P. J. , and RUMSEY , MCLAUGHLIN , O'BRIEN , and INGRAHAM , JJ . Carlisle Norwood , for appellant . John E. Parsons ...
Page 19
... reference to the property or property interests confided to the agent or trustee . " We do not understand that upon the trial the learned judge found or decided what property , or how much of it , belonged to the father , but only that ...
... reference to the property or property interests confided to the agent or trustee . " We do not understand that upon the trial the learned judge found or decided what property , or how much of it , belonged to the father , but only that ...
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Common terms and phrases
95 New York affidavit agreement alleged amount Appeal from special Appellate Division application appointed assessment assignment attorney authority bank cause of action certificate charge City Ct claim Code Civ commissioners complaint concur contract corporation costs court of equity creditors damages December December 19 deed defendant appeals defendant's demurrer denied entitled equity evidence execution executor fact fendant filed granted held interest Judgment affirmed jury Kings county lease liable lien ment mortgage motion municipal N. Y. Supp negligence November 29 owner paid parties payment person plaintiff pleading possession premises proceeding question Railroad reason received recover reference relator replevin respondent reversed rule Seneca Nation special term statute street Supreme Court surrogate's court testator testimony thereof tion trial term trustee verdict witnesses York county York State Reporter
Popular passages
Page 43 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Page 39 - The repeal of a law or any part of it by this act shall not affect or impair any act done...
Page 43 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be indorsed hereon or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be subject of agreement indorsed hereon or added hereto...
Page 551 - March 1, 1914, leaving a last will and testament which was duly admitted to probate in the superior court of the county of Los Angeles.
Page 600 - ... made a transfer of any of his property, and the effect of the enforcement of such judgment...
Page 705 - an employment," it does not follow that every employment is an office. A man may certainly be employed under a contract, express or implied, to do an act, or perform a service, without becoming an officer.
Page 601 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Page 448 - All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof as the Legislature shall designate for that purpose.
Page 452 - Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive...
Page 31 - The privileges and immunities of citizens of the United States are those which arise out of the nature and essential character of the national government, the provisions of its Constitution, or its laws and treaties made in pursuance thereof; and it is these which are placed under the protection of Congress by this clause of the fourteenth amendment.