Miscellaneous Reports. Cases Decided in the Courts of Record of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Volume 39Lawyers Co-operative Publishing Company, 1903 "Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly) |
From inside the book
Results 1-5 of 100
Page 7
... facts sufficient to con- stitute a cause of action . The amended complaint sets up the fol- lowing allegations , viz ... fact of the amended complaint . Kain v . Larkin , 141 N. Y. 144 , 150 ; Strubbe v . Kings County Trust Co. , 60 App ...
... facts sufficient to con- stitute a cause of action . The amended complaint sets up the fol- lowing allegations , viz ... fact of the amended complaint . Kain v . Larkin , 141 N. Y. 144 , 150 ; Strubbe v . Kings County Trust Co. , 60 App ...
Page 13
... fact . Settle decision and judg- ment on notice . Demurrer sustained , with costs to abide event of trial of issue of fact . THE NATIONAL BANK OF THE REPUBLIC , Plaintiff , v . NANCY THURBER , Defendant . ( Supreme Court , New York ...
... fact . Settle decision and judg- ment on notice . Demurrer sustained , with costs to abide event of trial of issue of fact . THE NATIONAL BANK OF THE REPUBLIC , Plaintiff , v . NANCY THURBER , Defendant . ( Supreme Court , New York ...
Page 51
... fact does not necessarily prevent the consideration of their acts . If wrongful acts have been committed by others ... fact of picketing and the fact of the publication and distri- bution of the card that has been referred to being ...
... fact does not necessarily prevent the consideration of their acts . If wrongful acts have been committed by others ... fact of picketing and the fact of the publication and distri- bution of the card that has been referred to being ...
Page 62
... fact made in whole or in part ; but in so far as it evidences a contract or a satisfaction between the parties it cannot be varied by oral evidence , the payment it acknowledges having in fact been made ( Graves v . Friend , 5 Sandf ...
... fact made in whole or in part ; but in so far as it evidences a contract or a satisfaction between the parties it cannot be varied by oral evidence , the payment it acknowledges having in fact been made ( Graves v . Friend , 5 Sandf ...
Page 67
... fact , and it seems to have been done under the observation and control of the wife and the one son . The son gives entire di- rection as to the drawing of the will . The will is taken to the house of the testator and , while it appears ...
... fact , and it seems to have been done under the observation and control of the wife and the one son . The son gives entire di- rection as to the drawing of the will . The will is taken to the house of the testator and , while it appears ...
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Common terms and phrases
affidavit affirmed agreement alleged amended American Tobacco Company amount answer Appellate Term application assessment bank bond Burden Iron cause of action certificate chap charge Chautauqua County City Court Civil Procedure claim Code of Civil commissioners complaint construction contract corporation costs counsel creditors death debt debtor deceased decedent December decree deed defendant defendant's demurrer entitled evidence ex rel execution executors fact filed fund granted held interest issue January judgment judgment debtor jurisdiction jury Kings County lease liability lien Liquor Tax Matter ment Misc mortgage motion November October Oneida County Otsego County owner paid parties payment person plaintiff pleaded premises present proceeding provisions question real estate reason received recover reference Rensselaer County respondent rule sewer statute street Supreme Court surety Surrogate's Court Tax Law testator thereof tion trial trust York County York Special Term
Popular passages
Page 578 - I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the state of New York ; and that I will faithfully discharge the duties of the office of according to the best of my ability.
Page 764 - ... 3. The testator, at the time of making such subscription, or at the time of acknowledging the same, shall declare the instrument so subscribed to be his last will and testament.
Page 30 - Russian-American territory, together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and, also, all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof,...
Page 190 - ... with the intent and purpose on his part to hinder, delay, or defraud his creditors, or any of them, shall be null and void as against the creditors of such debtor, except as to purchasers in good faith and for a present fair consideration...
Page 783 - ... denying generally the allegations, or specifically any material allegation of the petition, or setting forth a statement of any new matter constituting a legal or equitable defense, or counter-claim. Such defense or counter-claim may be set up and established in like manner as though the claim for rent in such proceeding was the subject of an action, f AM'D BY CH.
Page 804 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 666 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings, against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Page 811 - A party aggrieved may appeal, in a case prescribed in this chapter, except where the judgment or order, of which he complains, was rendered or made upon his default.
Page 138 - Whenever any person or corporation shall exercise a power of appointment derived from any disposition of property made either before or after the passage of this act, such appointment when made shall be deemed a transfer taxable under the provisions of this act in the same manner as though the property to which such appointment relates belonged absolutely to the donee of such power and had been bequeathed or devised by such donee by will...
Page 40 - Where it appears, from the complaint, that the plaintiff demands, and is entitled to a judgment against the defendant, restraining the commission or continuance of an act, the commission or continuance of which, during the pendency of the action, would produce injury to the plaintiff, an injunction order may be granted to restrain it.