Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 33 |
From inside the book
Results 1-5 of 89
Page 14
... proof of acceptance and acquiescence . It is not to be denied that the defendant at the time of making this last payment did have some knowledge of the defect of which he now complains , and with this knowledge such payment would App ...
... proof of acceptance and acquiescence . It is not to be denied that the defendant at the time of making this last payment did have some knowledge of the defect of which he now complains , and with this knowledge such payment would App ...
Page 61
... proof it shall appear that the consideration therefor was certain warranties and representations of the insured , which in fact were not made by him , the plaintiff will have gone a long way towards proving a good cause of action . And ...
... proof it shall appear that the consideration therefor was certain warranties and representations of the insured , which in fact were not made by him , the plaintiff will have gone a long way towards proving a good cause of action . And ...
Page 62
... proof or concession . There is , of course , no proof of it as yet in this case , and we fail to find anything in the plaintiff's complaint which can be reasonably regarded as an admission of that fact . Our conclusion , therefore , is ...
... proof or concession . There is , of course , no proof of it as yet in this case , and we fail to find anything in the plaintiff's complaint which can be reasonably regarded as an admission of that fact . Our conclusion , therefore , is ...
Page 74
... proof established the particular negligence specified in the complaint , some negligence being shown . " To the same effect , Roblee v . The Town of Indian Lake , 11 App . Div . 435. ) The piling of the posts and poles at the point ...
... proof established the particular negligence specified in the complaint , some negligence being shown . " To the same effect , Roblee v . The Town of Indian Lake , 11 App . Div . 435. ) The piling of the posts and poles at the point ...
Page 77
... proof that the Board of Commissioners of Fisheries , Game and Forests has pre- scribed rules and regulations for the purpose of granting licenses to seines , fykes and nets in water when specially permitted by that act under section 151 ...
... proof that the Board of Commissioners of Fisheries , Game and Forests has pre- scribed rules and regulations for the purpose of granting licenses to seines , fykes and nets in water when specially permitted by that act under section 151 ...
Other editions - View all
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.