The New York Supplement, Volume 229West Publishing Company, 1928 "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
From inside the book
Results 1-5 of 100
Page 1
... amended complaint , plain- tiff appeals . Affirmed with leave to plaintiff to plead over . Argued before DOWLING , P. J. , and McAVOY , MARTIN , JAMES O'MALLEY , and PROSKAUER , JJ . Oliver E. Davis , of New York City ( Louis Susman ...
... amended complaint , plain- tiff appeals . Affirmed with leave to plaintiff to plead over . Argued before DOWLING , P. J. , and McAVOY , MARTIN , JAMES O'MALLEY , and PROSKAUER , JJ . Oliver E. Davis , of New York City ( Louis Susman ...
Page 3
... amended complaint within twenty days from service of order with notice of entry there- of , upon payment of said costs and $ 10 costs of motion at Special Term . Order affirmed , with $ 10 costs and disbursements , with leave to ...
... amended complaint within twenty days from service of order with notice of entry there- of , upon payment of said costs and $ 10 costs of motion at Special Term . Order affirmed , with $ 10 costs and disbursements , with leave to ...
Page 13
... amend- ed ; now Railroad Law , § 93 , as amended . In part it seems to have been held that , as the property of the railroad was exclusively devoted to a public use , the benefits were not established as a question of fact on the trial ...
... amend- ed ; now Railroad Law , § 93 , as amended . In part it seems to have been held that , as the property of the railroad was exclusively devoted to a public use , the benefits were not established as a question of fact on the trial ...
Page 22
... amended complaint , notwithstanding defendants ' offer to give him the informa- tion he requires without such examination . 2. Discovery 74 - Defendants will be directed to produce books and rec- ords on their examination before trial ...
... amended complaint , notwithstanding defendants ' offer to give him the informa- tion he requires without such examination . 2. Discovery 74 - Defendants will be directed to produce books and rec- ords on their examination before trial ...
Page 23
... amended complaint . ( 2 ) All the relevant and competent facts and circumstances relating to the amount of gross receipts of said and all performances of said play , to the time of the examination — as alleged in paragraph 6 of the amended ...
... amended complaint . ( 2 ) All the relevant and competent facts and circumstances relating to the amount of gross receipts of said and all performances of said play , to the time of the examination — as alleged in paragraph 6 of the amended ...
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Common terms and phrases
affirmed 161 N. E. agreement alleged amended by Laws Appellate Division application attorney award bank cause of action charge Civil Practice Act claim Company complaint concur contract Corporation costs and disbursements counsel creditors damages deceased decedent defendant defendant's Digests & Indexes entitled evidence ex rel executors fact fendant funds held Impleaded Indexes 229 indorsement issue JAMES O'MALLEY Judgment affirmed June 15 jurisdiction jury Key-Numbered Digests landlord LAZANSKY lease liability Matter ment Misc Motion denied Motion granted Motion to dismiss N.Y.App.Div N.Y.Sup negligence opinion Order affirmed Order filed owner paid party payment Penal Law person petitioner plaintiff premises proceeding proof purchase question Realty respondent reversed rule Second Department Special Term statute subd supra Supreme Court Surrogate's Court tenant testified testimony thereof tion topic & KEY-NUMBER trial trust verdict York City York County
Popular passages
Page 237 - No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes.
Page 605 - Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts.
Page 200 - The rule, as applied in all reported cases, recognizes this limitation, that when some of the trusts in a will are legal, and some illegal, if they are so connected together as to constitute an entire scheme, so that the presumed wishes of the testator would be defeated, if one portion was .retained and other portions rejected, or if manifest injustice would result from such construction to the beneficiaries or some of them, then all the trusts must be construed together, and all must be illegal,...
Page 142 - When a policy of insurance is effected by any person on his own life, or on another life in favor of some person other than himself having an insurable interest therein, the lawful beneficiary thereof, other than himself or his legal representatives, shall be entitled to its proceeds, against the creditors and representatives of the person effecting the same...
Page 161 - An injured employee, or in case of death his dependents or personal representative, shall give receipts for payment of compensation to the employer paying the same and such employer shall produce the same for inspection by the...
Page 619 - Forgery is the false making or materially altering with intent to defraud of any writing, which, if genuine, might apparently be of legal efficacy, or the foundation of a legal liability.
Page 619 - FORGERY, at common law ; the fraudulent making or alteration of a writing to the prejudice of another man's rights, or a making, malo animo, of any written instrument for the purpose of fraud and deceit...
Page 605 - It is a general and sound principle, that whenever the law vests any person with a power to do an act, and constitutes him a judge of the evidence on which the act may be done, and, at the same time, contemplates that the act is to be carried into effect, through the instrumentality of agents, the person thus clothed with power is invested with discretion, and is, quoad hoc, a judge.
Page 318 - If the occupant does not reside in the tax district in which the real estate is situated the notice may be served by mail in the manner required by law in respect to notices of nonacceptance or nonpayment of notes or bills of exchange. Service on one joint tenant or tenant in common shall be service on all the joint tenants or tenants in common. Service on a tenant shall be service on his landlord. The term
Page 619 - An instrument or writing, being or purporting to be the act of another, by which a pecuniary demand or obligation is or purports to be or to have been created, increased, discharged, or diminished...