The New York Supplement, Volume 228West 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 7
... claim seeking to protect her rights in the one cause of action , but a case where she is seeking to bring a second independent cause of action , thus attempting to split up an indivisible cause of action into two independent actions ...
... claim seeking to protect her rights in the one cause of action , but a case where she is seeking to bring a second independent cause of action , thus attempting to split up an indivisible cause of action into two independent actions ...
Page 9
... claim remitted , with costs to the claim- ant against the employer and the insurance carrier to abide the event . All concur . ( 223 App . Div . 260 ) GOTHAM SILK HOSIERY CO . , Inc. , v . REINGOLD et al . Supreme Court , Appellate ...
... claim remitted , with costs to the claim- ant against the employer and the insurance carrier to abide the event . All concur . ( 223 App . Div . 260 ) GOTHAM SILK HOSIERY CO . , Inc. , v . REINGOLD et al . Supreme Court , Appellate ...
Page 15
... claim of simula- tion . [ 3 ] It was the court's view , however , that the duplication was not sufficiently clear , so as to constitute unfair competition under the au- thorities . With his conclusion we are unable to agree . It was not ...
... claim of simula- tion . [ 3 ] It was the court's view , however , that the duplication was not sufficiently clear , so as to constitute unfair competition under the au- thorities . With his conclusion we are unable to agree . It was not ...
Page 18
... claim for compensation . Proof was taken , and an award made . The de- ceased had testified : That , on June 14th , he was not working around gas , but had a fainting spell . That he had had a valvular disease of the heart for some ...
... claim for compensation . Proof was taken , and an award made . The de- ceased had testified : That , on June 14th , he was not working around gas , but had a fainting spell . That he had had a valvular disease of the heart for some ...
Page 25
... claim trial was unfair . Statement of accused's counsel in his summation to jury , referring to the fairness of prosecuting attorney and that he had no fault to find with anybody , may properly be considered by appellate court as bear ...
... claim trial was unfair . Statement of accused's counsel in his summation to jury , referring to the fairness of prosecuting attorney and that he had no fault to find with anybody , may properly be considered by appellate court as bear ...
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Common terms and phrases
alleged Appellate Division application April 13 April 20 attorney automobile award Bank cause of action certiorari Civil Practice Act claim Company complaint concur contract costs and disbursements counsel County Court of Appeals damages deceased defendant defendant's Digests & Indexes entitled evidence ex rel facts fendant Fourth Department held husband Impleaded Indexes 228 Industrial Board JAMES O'MALLEY Judgment and order jurisdiction jury Key-Numbered Digests landlord LAZANSKY lease liability lien Matter ment Misc mortgage Motion denied Motion granted Motion to dismiss Municipal N.Y.App.Div N.Y.Sup negligence opinion Order affirmed order denying Order filed paid parties payment person petitioner plaintiff premises proceeding Property Law purchase question railroad recover Respondent reversed rule Second Department Special Term statute subd Supreme Court tenant thereof Third Department tion topic & KEY-NUMBER trial trust unanimously affirmed verdict wife York City York County
Popular passages
Page 478 - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
Page 301 - If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. Its nature gives warning of the consequences to be expected. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests, then, irrespective of contract, the manufacturer of this...
Page 659 - From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order in his client's favor, and the proceeds thereof in whosesoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after judgment or final order.
Page 478 - A check is a bill of exchange drawn on a bank payable on demand. Except as herein otherwise provided, the provisions of this Act applicable to a bill of exchange payable on demand apply to a check.
Page 646 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 97 - ... Where a cause of action, which does not involve the title to or possession of real property within the state, accrues against a person who is not then a resident of the state...
Page 435 - All fees and other charges for such treatment and services shall be subject to regulation by the commission as provided in section twenty-four of this chapter, and shall be limited to such charges as prevail in the same community for similar treatment of injured persons of a like standard of living.
Page 690 - If Congress had passed any Act which bore upon the case ; any Act in execution of the power to regulate commerce, the object of which was to control State legislation over those small navigable creeks into which the tide flows, and which abound throughout the lower country of the Middle and Southern States ; we should feel not much difficulty in saying that a State law coming in conflict with such Act would be void. But Congress has passed no such Act.
Page 456 - 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...
Page 690 - The value of the property on its banks must be enhanced by excluding the water from the marsh, and the health of the inhabitants probably improved. Measures calculated to produce these objects, provided they do not come into collision with the powers of the general government, are undoubtedly within those which are reserved to the States.