Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 111 |
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Page 73
... evidence introduced by the defendants which it is claimed was sufficient to show that Weyant had an interest in the stock , but the evidence was certainly not conclusive and the jury having passed upon that question of fact , we must ...
... evidence introduced by the defendants which it is claimed was sufficient to show that Weyant had an interest in the stock , but the evidence was certainly not conclusive and the jury having passed upon that question of fact , we must ...
Page 96
... evidence on the second trial had not been materially changed from what it was on the first trial , and if he were correct in this , then the complaint was properly dismissed under our former decision . There was no evidence that the ...
... evidence on the second trial had not been materially changed from what it was on the first trial , and if he were correct in this , then the complaint was properly dismissed under our former decision . There was no evidence that the ...
Page 99
... evidence , except in so far as the same was discredited by cross - examination , and I am clearly of the opinion that there was not only sufficient evidence to go to the jury upon the question of whether the plaintiff on the fifth of ...
... evidence , except in so far as the same was discredited by cross - examination , and I am clearly of the opinion that there was not only sufficient evidence to go to the jury upon the question of whether the plaintiff on the fifth of ...
Page 126
... evidence in reaching the conclusion which they have reached is the first question for us to examine . Both companies earnestly contend that as to a better insulation of the wires it is plainly shown that there is no insulation either ...
... evidence in reaching the conclusion which they have reached is the first question for us to examine . Both companies earnestly contend that as to a better insulation of the wires it is plainly shown that there is no insulation either ...
Page 127
... evidence is conclusive to that effect . Undoubtedly the evidence of the defendants ' expert is , that such guard wires are not used for such a purpose , and all substantially agree that under the conditions which this case presents as ...
... evidence is conclusive to that effect . Undoubtedly the evidence of the defendants ' expert is , that such guard wires are not used for such a purpose , and all substantially agree that under the conditions which this case presents as ...
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affd agreement alleged appellant assignment attorney authority beneficiary cause of action certificate chap charge Civil Procedure claim clerk Code of Civil commissioner complaint concurred contract corporation costs and disbursements counsel Court in favor damages death deceased defendant defendant's demurrer denied dollars costs entered entitled evidence ex rel executors fact February Fourth Department Gaynor granted Hirschberg Impleaded intestate issue January Jenks Judgment and order jury Kings County liable Little Neck bay March March 9 Matter ment mortgage motion negligence North Hempstead opinion owner paid parties payment person plaintiff premises proceedings question Railroad Company real property received recover Respondent reversed Rich and Miller rule Second Department Smith Special Term statute stockholders street Supreme Court Surrogate's Court testator testatrix testified testimony thereof Third Department tion town of Hempstead trial trust verdict York