Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 73
New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Edward Jordan Dimock, Hiram Edward Sickels, Edmund Hamilton Smith, Louis J. Rezzemini, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero
Lawyers Co-operative Publishing Company, 1879
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action affirmed agent agreement alleged ALLEN amount appeal applied authority bank Barb bond bound brought cause charge church circumstances claim common complaint condition contract corporation court damages debt decided defendant delivered directing effect entered entitled evidence executed existed express facts favor fire follows further give given granted ground held Hill indorsed intended interest issued judge judgment judicial jurisdiction jury land liable limited loss March matter ment mortgage necessary negligence notice objection Opinion owner paid parties passed payment performance person plaintiff possession premises presented principal proceedings proof provision purchase question reason receipt received recover reference relation respondent reversed rule Special Statement statute street sufficient taken Term thereof tion trial trustees unless valid Wend York
Page 143 - ... this insurance, as to the interest of the mortgagee (or trustee) only therein, shall not be invalidated by any act or neglect of the mortgagor or owner...
Page 33 - But where jurisdiction over the subject-matter is invested by law in the judge, or in the court which he holds, the manner and extent in which the jurisdiction shall be exercised are generally as much questions for his determination as any other questions involved in the case, although upon the correctness of his determination in these particulars the validity of his judgments may depend.
Page 23 - ... and at the same time, and as a part of the same judicial act and order, passed judgment anew upon the plaintiff, and resentenced him to be imprisoned for the term of one year.
Page 454 - If the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other is apportioned to each Item to be performed, or is left to be implied by law, such a contract will generally be held to be severable...
Page 481 - ... shall be considered as a net single premium of temporary insurance, and the term for which it will insure shall be determined according to the age of the party at the time of the lapse of premium, and the assumptions of mortality and interest aforesaid.
Page 25 - ... judges of courts of superior or general jurisdiction are not liable to civil actions for their judicial acts, even when such acts are in excess of their jurisdiction, and are alleged to have been done maliciously or corruptly.
Page 68 - No milk which is watered, adulterated, reduced or changed in any respect by the addition of water or other substance, or by the removal of cream, shall be brought into...
Page 100 - Appeal from judgment of the General Term of the Supreme Court, in the Fourth Judicial Department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury (reported below, 14 Hun, 396).
Page 143 - ... under all the securities held as collateral to the mortgage debt to the extent of such payment, but such subrogation shall not impair the right of the mortgagee to recover the full amount of his claim...
Page 104 - That the trustees deliberately, and with knowledge of the real value of the property, overvalued it and paid in stock for it an amount which they knew was in excess of its actual value.