Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 148 |
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abide the event affd agreement alleged amount appellant to abide attorney Bank Burr cause of action chap charge Civil Procedure claim clerk commissioners complaint concurred contract contributory negligence corporation costs and disbursements costs to appellant counsel Court in favor Court of Appeals damages Deceased December December 29 defendant demurrer dismissed dissented dollars costs easement engineer entitled evidence ex rel executor fact Fourth Department Hirschberg Impleaded INGRAHAM January January 19 Jenks Judgment affirmed Judgment and order jury Kings county LAUGHLIN liability Matter ment mortgage negligence opinion Order affirmed order entered Order reversed owner paid parties payment person plaintiff proceeding question received recover Respondent Second Department statute street Supreme Court surety ten dollars costs testator thereof Third Department tion trial granted trust company Union Iron verdict Woodward and Rich York ex rel
Popular passages
Page 620 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 720 - ... all words, whether they be in deeds or statutes or otherwise, if they be general and not express and precise, shall be restrained unto the fitness of the matter and the person.
Page 617 - ... in hull, machinery, or appurtenances whether existing prior to, at the time of, or after sailing, or from collision, stranding, or other accidents of navigation, or from prolongation of the voyage.
Page 578 - An action to procure a judgment, other than for a sum of money, on the ground of fraud, in a case which, on the thirty-first day of December, 1846, was cognizable by the court of chancery. The cause of action, in such a case, is not deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts constituting the fraud.
Page 853 - When a signature is forged or made, without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge thereof, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party, against whom it is sought to enforce such right, is precluded from setting up the forgery or want of authority.
Page 179 - State, and each and every one of them, may be prosecuted, and an action may be maintained against them to prevent any illegal official act on the part of any such officers, agents, commissioners or other persons, or to prevent waste or injury to, or to restore and make good, any...
Page 485 - In an action for criminal conversation, the plaintiff's wife is not a competent witness for the plaintiff, but she is a competent witness for the defendant, as to any matter in controversy; except that she cannot, without the plaintiff's consent, disclose any confidential communication had or made between herself and the plaintiff.
Page 713 - A mere naked license or permission to enter or pass over an estate will not create a duty or impose an obligation on the part of the owner or person In possession to provide against the danger of accident...
Page 858 - ... upon the loan, use or forbearance of money, goods or things in action, or upon the loan, use or sale of credit, of the amount or value of three hundred dollars ($300) or less.
Page 260 - In actual use and the trap-doors shall be closed at the close of the business of each day by the occupant or occupants of the building having the use or control of the same.