Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 86 |
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Page 27
... plaintiff relied , and in determining the weight to be given to the former as against the latter they were bound to apply the rule that the burden FIRST DEPARTMENT , JULY TERM , 1903 . [ Vol DUERR v . CONSOLIDATED GAS CO . 27.
... plaintiff relied , and in determining the weight to be given to the former as against the latter they were bound to apply the rule that the burden FIRST DEPARTMENT , JULY TERM , 1903 . [ Vol DUERR v . CONSOLIDATED GAS CO . 27.
Page 28
... given . Various exceptions to the admission of evidence are assigned as error . Evidence that the chief engineer directed a departure from the plans with reference to drilling these holes was competent and material , but it was not ...
... given . Various exceptions to the admission of evidence are assigned as error . Evidence that the chief engineer directed a departure from the plans with reference to drilling these holes was competent and material , but it was not ...
Page 33
... given as security only what proof is required to sustain it - fraud or mistake need not be established . - In an action brought to procure an adjudication that a bill of sale , absolute in form , executed by the plaintiff to the ...
... given as security only what proof is required to sustain it - fraud or mistake need not be established . - In an action brought to procure an adjudication that a bill of sale , absolute in form , executed by the plaintiff to the ...
Page 41
... given due weight . The credibility of the appellant is so shaken by his own cross - examination that we would place but little reliance upon his testimony standing alone . The probabilities of the case , however , support the contention ...
... given due weight . The credibility of the appellant is so shaken by his own cross - examination that we would place but little reliance upon his testimony standing alone . The probabilities of the case , however , support the contention ...
Page 43
... given this general charge , which became as exclusive as ever after the first six weeks . Nor is it probable that the business would have been continued in the firm name , which would have been a violation of law . ( Penal Code , $ 363 ...
... given this general charge , which became as exclusive as ever after the first six weeks . Nor is it probable that the business would have been continued in the firm name , which would have been a violation of law . ( Penal Code , $ 363 ...
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alleged amount appellant attorney authority bank BARTLETT cause of action certificate chap charge Civil Procedure claim clerk Code of Civil commissioners complaint concurred contract corporation costs and disbursements counsel Court in favor court of equity creditors death deceased defendant defendant's denied directed dollars costs entered entitled evidence ex rel executor fact FOURTH DEPARTMENT GOODRICH held Henry Whitmore HIRSCHBERG Impleaded issue JENKS and HOOKER Judgment and order JULY TERM jury Kings County lien Matter ment mortgage motion Narrowsburg negligence opinion Order affirmed owner paid parties payment petitioner plaintiff premises proceeding proof question real estate reason received recover referred relator respondent reversed rule SECOND DEPARTMENT Special Term statute supra Supreme Court Surrogate's Court testator testified thereof tion town of Hempstead trial trust verdict wife William witness WOODWARD York
Popular passages
Page 171 - ... vested by operation of law with the title of the bankrupt, as of the date he was adjudged a bankrupt, except in so far as it is to property which is exempt...
Page 476 - ... shall be required, before commencing such work, to execute the usual penal bond, with good and sufficient sureties, with the additional obligation that such contractor or contractors shall promptly make payments to all persons supplying him or them with labor and materials in the prosecution of the work provided for in such contract...
Page 288 - ... shall be deemed a transfer taxable under the provisions of this chapter 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 289 - When property is transferred in trust or otherwise and the rights, interests or estates of the transferees are dependent upon contingencies or conditions whereby they may be wholly or in part created, defeated, extended or abridged, a tax shall be imposed upon...
Page 347 - But every one has a right to demand that lie be governed by general rules; and a special statute which, without his consent, singles his case out as one to be regulated by a different law from that which is applied in all similar cases, would not be legitimate legislation, but would be such an arbitrary mandate as is not within the province of free government.
Page 363 - For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence enabsence, while employed in the service of the United States ; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas ; nor while a student of any seminary of learning...
Page 141 - ... shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate or any portion thereof whose conveyance shall be first duly recorded.
Page 706 - 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 445 - ... witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him...
Page 353 - Persons who actually abandon their wives or children, without adequate support, or leave them in danger of becoming a burden upon the public, or who neglect to provide for them according to their means ; 2.