The New York Supplement"Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
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Page 30
For some inexplicable reason the pleader seems to have preferred a more
condensed way , and has thus fallen just a little short of stating a cause of action .
The demurrer was well taken , and the judgment thereon must be affirmed .
For some inexplicable reason the pleader seems to have preferred a more
condensed way , and has thus fallen just a little short of stating a cause of action .
The demurrer was well taken , and the judgment thereon must be affirmed .
Page 32
Some snow had fallen , and the wind had at times been fresh , causing the snow
to drift . ... upon the plaintiffs , however , to prove , not only that the defendant was
negligent , but that such negligence was the cause of the accident and death ...
Some snow had fallen , and the wind had at times been fresh , causing the snow
to drift . ... upon the plaintiffs , however , to prove , not only that the defendant was
negligent , but that such negligence was the cause of the accident and death ...
Page 33
Unless the neglect to guard the place , and so warn the deceased of the danger ,
was the cause of the drowning , if the deceased , wlien he approached the place ,
knew about it as well as a guard would have informed him , then the defendant ...
Unless the neglect to guard the place , and so warn the deceased of the danger ,
was the cause of the drowning , if the deceased , wlien he approached the place ,
knew about it as well as a guard would have informed him , then the defendant ...
Page 66
231 , § 2 ) provides that , where an action is brought to recover for injuries caused
by a defective side walk , the plaintitf must show that notice in writing of the place
of the accident was given the proper officers within 48 hours . Held , that where ...
231 , § 2 ) provides that , where an action is brought to recover for injuries caused
by a defective side walk , the plaintitf must show that notice in writing of the place
of the accident was given the proper officers within 48 hours . Held , that where ...
Page 67
The doctor was then asked " whether or not nervous irritability caused by a
wound or shock might develop into other fatal conditions , with this as the
superinducing cause , — the shock or wound . ” This was objected to as improper
, immaterial ...
The doctor was then asked " whether or not nervous irritability caused by a
wound or shock might develop into other fatal conditions , with this as the
superinducing cause , — the shock or wound . ” This was objected to as improper
, immaterial ...
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Common terms and phrases
114 New York action affirmed agreement alleged amended amount answer appeal Appellate Division application appointed assessment authority brought cause charge claim Code commissioners complaint constitution construction contract corporation costs counsel court creditors damages death debt deceased defendant denied Department determined directed duty effect entered entitled evidence examination executor existed fact firm follows give given granted ground held intention interest issue judgment jury liability matter ment motion N. Y. Supp negligence notice objection opinion paid parties payment person plaintiff presented proceeding purchase question Railroad reason received recover reference relator respondent reversed rule share statement statute street sufficient Supreme Court taken term testimony thereof tion transfer trial trust witness York State Reporter
Popular passages
Page 495 - Value is any consideration sufficient to support a simple contract. An antecedent or pre-existing debt constitutes value ; and is deemed such whether the instrument is payable on demand or at a future time.
Page 738 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 496 - A holder, in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Page 575 - I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the state of New York ; and that I will faithfully discharge the duties of the office of according to the best of my ability.
Page 496 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress or force and fear or other unlawful means, or for an illegal consideration or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 93 - All other officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct.
Page 7 - When, in consequence of a valid limitation of an expectant estate, there is a suspension of the power of alienation, or of the ownership, during the continuance of which the rents and profits are undisposed of, and no valid direction for their accumulation is given, such rents and profits shall belong to the persons presumptively entitled to the next eventual estate.
Page 476 - ... 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 263 - ... that honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and residents of this State, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section.
Page 398 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...