Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 176New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels Lawyers Co-operative Publishing Company, 1904 |
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Results 1-5 of 100
Page 5
... give judgment on the defendant's counterclaim , although it arises out of the very transaction stated in the complaint , and the only reason for this contention is that it is stated in the plead- ing at too large a sum . The large claim ...
... give judgment on the defendant's counterclaim , although it arises out of the very transaction stated in the complaint , and the only reason for this contention is that it is stated in the plead- ing at too large a sum . The large claim ...
Page 15
... give such a draft its creditors could make no further claim upon it . If it was willing to give a draft and had done all the law required of it , it could not be sued . " It could not draw the money itself as the draft is required ...
... give such a draft its creditors could make no further claim upon it . If it was willing to give a draft and had done all the law required of it , it could not be sued . " It could not draw the money itself as the draft is required ...
Page 16
... give a draft , then the creditor's remedy would be against it . If the claim was undisputed , he might by mandamus compel the giving of the draft . If the claim was disputed , he could sue the board of education in its corporate ...
... give a draft , then the creditor's remedy would be against it . If the claim was undisputed , he might by mandamus compel the giving of the draft . If the claim was disputed , he could sue the board of education in its corporate ...
Page 24
... give the slightest support or color of support to his conten- tion , and it will be seen that neither one of these sections when fairly examined has any effect whatever upon the pow ers , duties and obligations of the defendant as they ...
... give the slightest support or color of support to his conten- tion , and it will be seen that neither one of these sections when fairly examined has any effect whatever upon the pow ers , duties and obligations of the defendant as they ...
Page 31
... give him the exclu- sive right to it since it was merely descriptive of the article . There is no allegation or finding that any fraud was intended or committed , or that the defendant by the use of the word palmed off his goods to the ...
... give him the exclu- sive right to it since it was merely descriptive of the article . There is no allegation or finding that any fraud was intended or committed , or that the defendant by the use of the word palmed off his goods to the ...
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Common terms and phrases
affirmed agent alleged amount Appellate Division appointed assignment authority Bank BARTLETT board of education Brewster & Co Byram Byram River cause of action charge charter city of Rochester claim Clare commenced commissioners compel complaint concur Constitution contract conviction corporation costs court of equity creditors Culbert damages deceased decided October deed defendant defendant's entered entitled evidence ex rel facts grade grant HAIGHT held highway issue judgment judicial department jurisdiction jury land legislature liability lien Matter Mayor ment municipal N. Y. Rep O'BRIEN October 30 owner paid PARKER party payment person plaintiff pond proceedings provisions purpose question railroad company reason received recover relator respondent reversed revolver rule Special Term Statement statute street Supreme Court surety testified thereof tion town trial court trust VANN verdict village White Plains wife witness York
Popular passages
Page 666 - 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 211 - ... the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.
Page 495 - ... 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 103 - That every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed ; but such suit shall be subject to the general equity jurisdiction of the court in which such receiver or manager was appointed, so far as the same shall be necessary to the ends of justice.
Page 289 - When the judgment is of death the court of appeals may order a new trial, if it be satisfied that the verdict „ was against the weight of evidence or against law, or that justice requires a new trial, whether any exception shall have been taken or not, in the court below.
Page 316 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts, whether allowable in full or in part, except such as (1) are due as a tax levied by the United States, or any State, county, district, or municipality; (2) are liabilities for obtaining money or property by false pretenses or false representations...
Page 316 - State, county, district, or municipality in which he resides; (2) are liabilities for obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another...
Page 210 - ... that no law shall be passed abridging the freedom of speech or of the press, or the rights of the people to peaceably assemble and petition the Government for a redress of grievances; that no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed.
Page 316 - ... have not been duly scheduled in time for proof and allowance, with the name of the creditor, if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy...
Page 96 - When committed either by the party about to be injured or by another person in his aid or defense, in preventing or attempting to prevent an offense against his person, or a trespass or other unlawful interference with real or personal property in his lawful possession, if the force or violence used is not more than sufficient to prevent such offense; 4.