Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 33 |
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Page 9
... party where equity requires it . ( Tracy v . Talmage , supra . ) Any citizen who is a taxpayer has the right to ... parties using the ferry franchise , the sale of which was sought by the action to be enjoined . In Kimball v . Hewitt ...
... party where equity requires it . ( Tracy v . Talmage , supra . ) Any citizen who is a taxpayer has the right to ... parties using the ferry franchise , the sale of which was sought by the action to be enjoined . In Kimball v . Hewitt ...
Page 12
... party who has agreed to pay for the making and erection of a granite monument " free from unnatural spots and rust ... parties . This contract bore date the 13th day of March , 1893 , and pro- App . Div . ] FOURTH DEPARTMENT , JULY TERM ...
... party who has agreed to pay for the making and erection of a granite monument " free from unnatural spots and rust ... parties . This contract bore date the 13th day of March , 1893 , and pro- App . Div . ] FOURTH DEPARTMENT , JULY TERM ...
Page 16
... party is relieved from the consequences of a failure to per- form any obligation where such non - performance is caused or induced by the acts of the other party . ( Stewart v . Keteltas , 36 N. Y. 388 ; Leslie v . The Knickerbocker ...
... party is relieved from the consequences of a failure to per- form any obligation where such non - performance is caused or induced by the acts of the other party . ( Stewart v . Keteltas , 36 N. Y. 388 ; Leslie v . The Knickerbocker ...
Page 31
... party so accepting , ratably , share and share alike , in proportion to the amount of their respective claims ; " and that , after the payment of all said claims , he should pay the surplus , if any , to the party of the first part ...
... party so accepting , ratably , share and share alike , in proportion to the amount of their respective claims ; " and that , after the payment of all said claims , he should pay the surplus , if any , to the party of the first part ...
Page 33
... party of the second part , as such trustee , to forthwith take and keep possession of the property thus con- veyed , and to " dispose of the same at any time in the best man- ner , and for the best prices he can obtain for the same at ...
... party of the second part , as such trustee , to forthwith take and keep possession of the property thus con- veyed , and to " dispose of the same at any time in the best man- ner , and for the best prices he can obtain for the same at ...
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Common terms and phrases
A. S. Holmes affidavit agreement alimony alleged amended amount appellant application appointed assignment attorney AUGUST TERM authority bank Brewster & Co cause of action charge charter Civil Procedure claim clerk commissioners Company complaint concurred contract contributory negligence corporation costs and disbursements creditors damages deceased deed defendant defendant's denied DIV.-VOL dollars costs duty entitled evidence ex rel execution fact firm FOURTH DEPARTMENT granted held Impleaded injury intention Judgment affirmed JULY TERM jury justices Kings County Legislature liability Matter mayor ment mortgage motion negligence OCTOBER TERM opinion Order affirmed Order reversed paid partnership party payment person plaintiff police premises proceedings question reason received recover referred Respondent rule RUMSEY SECOND DEPARTMENT Special Term statute street Supreme Court Surrogate's Court ten dollars costs testator thereof tion trial trustee verdict XXXIII York YORK ex rel
Popular passages
Page 176 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 174 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 532 - The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election a,fter the happening of the vacancy.
Page 482 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable. Any fair reasonable doubt concerning the existence of power is resolved by the courts against the corporation...
Page 97 - Commonwealth that no private action, unless authorized by express statute, can be maintained against a city for the neglect of a public duty imposed upon it by law for the benefit of the public, and from the performance of which the corporation receives no profit or advantage.
Page 192 - CD, of &.C., my true and lawful attorney, for me, and in my name...
Page 69 - But every one has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. In the familiar phrase of Lord Denman, '• you have the right to the benefit you anticipate from the character, credit, and substance of the party with whom you contract.
Page 102 - No act committed by a person while in a state of voluntary intoxication, shall be deemed less criminal by reason of his having been in such condition.
Page 494 - No gift, grant, or devise to religious, educational, charitable or benevolent uses, which shall in other respects be valid under the Laws of this state, shall be deemed invalid by reason of the indefiniteness or uncertainty of the persons designated as the beneficiaries thereunder in the instrument creating the same.
Page 205 - ... except for incompetency or misconduct shown after a hearing upon due notice upon stated charges, and with the right to such employee or appointee to a review by a writ of certiorari.