Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 73New 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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Page 42
... performance ; " and again : " It was negligent for the company to start the train without sufficient help . " The present case arose out of the same accident as the Flike Case , and the principle there decided must be applied in its ...
... performance ; " and again : " It was negligent for the company to start the train without sufficient help . " The present case arose out of the same accident as the Flike Case , and the principle there decided must be applied in its ...
Page 107
... performance of certain covenants $ 50,000 in cash and $ 50,000 in bonds of the N. P. R. Co .; that plaintiff and S. had performed on their part and C. had paid the $ 50,000 cash , but claimed that he was not liable to pay over the bonds ...
... performance of certain covenants $ 50,000 in cash and $ 50,000 in bonds of the N. P. R. Co .; that plaintiff and S. had performed on their part and C. had paid the $ 50,000 cash , but claimed that he was not liable to pay over the bonds ...
Page 108
... performance they each notified C. not to deliver the bonds to the other , each claiming and demanding the whole ; for that reason , among others , C. refused to pay or deliver to either . The court settled the rights of plaintiff and S ...
... performance they each notified C. not to deliver the bonds to the other , each claiming and demanding the whole ; for that reason , among others , C. refused to pay or deliver to either . The court settled the rights of plaintiff and S ...
Page 111
... performance they each gave notice to the defendant Cooke not to pay the final installment of $ 50,000 in bonds to the other , and each claimed and demanded the whole thereof from said Cooke as his own ; and said Cooke refused to pay the ...
... performance they each gave notice to the defendant Cooke not to pay the final installment of $ 50,000 in bonds to the other , and each claimed and demanded the whole thereof from said Cooke as his own ; and said Cooke refused to pay the ...
Page 149
... performance of the conditions of the policy which are regarded as mate- rial at the time of its delivery . In case the loss is payable to a third person , who has no interest in the property insured , but only claims the insurance as ...
... performance of the conditions of the policy which are regarded as mate- rial at the time of its delivery . In case the loss is payable to a third person , who has no interest in the property insured , but only claims the insurance as ...
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Common terms and phrases
action was brought adverse possession agent agreement alleged ALLEN amount ANDREWS APPEAL from judgment appellant April 16 Argued April assignment authority bank Barb bond chap charge CHURCH claim complaint concur consent contract corporation county treasurer court of equity creditors damages debt decided April deed defendant defendant's delivered EARL entitled evidence Ex parte Lange ex rel executed FOLGER granted held indorsed intended interest issued judge Judgment affirmed judicial department jurisdiction jury land liable lien loss March 19 March 26 ment MILLER mortgage mortgagor negligence Opinion owner paid Paige parties payment person possession premises proceedings property insured provision question RAPALLO Raritan bay receipt received recover referee replevin respondent reversed SICKELS.-VOL Special Term Statement Staten Island statute subrogation supra Supreme Court thereof tion trial trustee valid void Wend XXVIII Yates county
Popular passages
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.