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
If the conduct of the defendants has been such that the plaintiff may repudiate the
contract under which the $ 30 was paid to them , then probably he would have an
action to recover it back . But in this complaint the facts averred do not show ...
If the conduct of the defendants has been such that the plaintiff may repudiate the
contract under which the $ 30 was paid to them , then probably he would have an
action to recover it back . But in this complaint the facts averred do not show ...
Page 52
Evidence examined in an action for breach of a contract to sell to plaintiff all the
linen bags owned by defendants and stored in a certain warehouse , at 20 cents
per bag , and held to sufficiently establish the making of the contract . 2 .
Evidence examined in an action for breach of a contract to sell to plaintiff all the
linen bags owned by defendants and stored in a certain warehouse , at 20 cents
per bag , and held to sufficiently establish the making of the contract . 2 .
Page 55
The defendants contend : First , that no contract was ever entered into between
the parties for the purchase of the goods ; second that , even if one was made , it
was invalid , under the statute of frauds ; third , that no sufficient tender was made
...
The defendants contend : First , that no contract was ever entered into between
the parties for the purchase of the goods ; second that , even if one was made , it
was invalid , under the statute of frauds ; third , that no sufficient tender was made
...
Page 56
and 114 New York State Reporter And ' six things appear necessary to concur : (
1 ) A person able to contract . ( 2 ) A person able to be contracted with . ( 3 ) A
thing to be contracted for . ( 4 ) A good and sufficient consideration , or quid pro
quo ...
and 114 New York State Reporter And ' six things appear necessary to concur : (
1 ) A person able to contract . ( 2 ) A person able to be contracted with . ( 3 ) A
thing to be contracted for . ( 4 ) A good and sufficient consideration , or quid pro
quo ...
Page 83
There is no allegation or proof that the written contract was made under a mutual
mistake , nor is there any finding of fraud or other inequitable conduct on the part
of the defendant . If such testimony could be admissible under the pleadings ...
There is no allegation or proof that the written contract was made under a mutual
mistake , nor is there any finding of fraud or other inequitable conduct on the part
of the defendant . If such testimony could be admissible under the pleadings ...
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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...
Bibliographic information
| Title | The New York Supplement National reporter system |
| Contributors | West Publishing Company, New York (State). Court of Appeals, New York (State). Supreme Court |
| Publisher | West Publishing Company, 1903 |
| Original from | Harvard University |
| Digitized | 4 Aug 2007 |
| Export Citation | BiBTeX EndNote RefMan |