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 3
... testimony . The plaintiff having sought to recover upon the allegation of full performance on his part , the burden was upon him to show that to entitle him to the aid of the court in compelling performance by the other party . He ...
... testimony . The plaintiff having sought to recover upon the allegation of full performance on his part , the burden was upon him to show that to entitle him to the aid of the court in compelling performance by the other party . He ...
Page 7
... testimony undoubtedly was to place himself in a position of extreme danger just before or at the time when he first saw the approaching car . The distance between the rails of the two tracks at the point in question is eight and one ...
... testimony undoubtedly was to place himself in a position of extreme danger just before or at the time when he first saw the approaching car . The distance between the rails of the two tracks at the point in question is eight and one ...
Page 9
... testimony the court denied a motion to dismiss the com- plaint as to Partridge . The ground of the motion was that the facts alleged are not such facts as to justify the proof of a several liability . The court then submitted the ...
... testimony the court denied a motion to dismiss the com- plaint as to Partridge . The ground of the motion was that the facts alleged are not such facts as to justify the proof of a several liability . The court then submitted the ...
Page 53
... testimony was in the court announced that it would give judgment in favor of the plaintiff , and adjourned the trial until the following Monday , when the defendant Shirmer appeared in court and tendered ' to the plaintiff the sum of ...
... testimony was in the court announced that it would give judgment in favor of the plaintiff , and adjourned the trial until the following Monday , when the defendant Shirmer appeared in court and tendered ' to the plaintiff the sum of ...
Page 55
... testimony , as by the writings all that the defendant agreed to do was to release the mort- gage upon these lots . The defendant Shirmer according to his own testimony , after he had knowledge that the representations were false ...
... testimony , as by the writings all that the defendant agreed to do was to release the mort- gage upon these lots . The defendant Shirmer according to his own testimony , after he had knowledge that the representations were false ...
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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