New Cases Selected Chiefly from Decisions of the Courts of the State of New York, Volume 2George S. Diossy, 1878 |
From inside the book
Results 1-5 of 47
Page 5
... respect to these conversations which are not free from difficulty ; but it is sufficient for the pur- poses of the present appeal , to pass upon the excep- tions taken to the admission of the two conversations above particularly ...
... respect to these conversations which are not free from difficulty ; but it is sufficient for the pur- poses of the present appeal , to pass upon the excep- tions taken to the admission of the two conversations above particularly ...
Page 9
... respect to personal interviews , it was at first held , that the fact that the deceased was present at an interview between the witness and a third person , and was silent in respect to the transaction in a matter affecting him or his ...
... respect to personal interviews , it was at first held , that the fact that the deceased was present at an interview between the witness and a third person , and was silent in respect to the transaction in a matter affecting him or his ...
Page 14
... respect to a distinct and independent communication . " The offer of testimony , however , need not be confined to the disputable part of the adversary's testimony . In this case , as in case of the offer in the first instance , the ...
... respect to a distinct and independent communication . " The offer of testimony , however , need not be confined to the disputable part of the adversary's testimony . In this case , as in case of the offer in the first instance , the ...
Page 16
... respect to those matters pertaining to the parts of the cause of action assigned , but extends to the entire action . Ib . By section 399 , " every person through whom a party to the action derives any interest or title by assignment or ...
... respect to those matters pertaining to the parts of the cause of action assigned , but extends to the entire action . Ib . By section 399 , " every person through whom a party to the action derives any interest or title by assignment or ...
Page 18
... respect to " transactions or com- munications had personally " by him , with the deceased . Section 399 of the Code was not designed to exclude the testimony of a party to an occurrence at which the deceased need not have been present ...
... respect to " transactions or com- munications had personally " by him , with the deceased . Section 399 of the Code was not designed to exclude the testimony of a party to an occurrence at which the deceased need not have been present ...
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Other editions - View all
New Cases: Selected Chiefly from Decisions of the Courts of the ..., Volume 2 Austin Abbott,James MacGregor Smith No preview available - 2015 |
New Cases: Selected Chiefly from Decisions of the Courts of the ..., Volume 2 Austin Abbott,James MacGregor Smith No preview available - 2018 |
New Cases: Selected Chiefly from Decisions of the Courts of the ..., Volume 2 Austin Abbott,James MacGregor Smith No preview available - 2015 |
Common terms and phrases
acceptance action affidavit alleged allowed amount answer appear application appointed arrest assignment attorney authority Bank Barb bill bond brought Carpenter cause charge cited claim Code common complaint contract conveyed costs court creditors death debt debtor deceased decree deed defendant directed discharge effect entitled equity evidence examination execution existence fact filed further give given granted ground held intent interest issue John judge judgment land leave liable lien matter ment mortgage motion named necessary notice objection obtained owner paid party payment person plaintiff possession premises present proceedings prove provision purchaser question reason received record recover referred rendered rents respect rule statute Stilwell street sufficient suit taken term testify testimony thereof tion transaction trial trust witness York
Popular passages
Page 137 - 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 363 - A party or a witness, examined in a special proceeding, authorized by this article is not excused from answering a question, on the ground that his examination will tend to convict him of the commission of a fraud...
Page 169 - ... every such conveyance not so recorded 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 219 - ... The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 475 - ... court, or on any execution issuing out of any court of equity, in any suit or proceeding instituted for the recovery of any money due upon any judgment or decree founded upon contract, or due upon any contract express or implied, or for the recovery of any damages for the non-performance of any contract.
Page 137 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Page 313 - Service by mail may be made, where the person making the service, and the person on whom it is to be made, reside in different places, between which there is a regular communication by nail SEC.
Page 335 - Nothing contained in this chapter shall be construed to impair or affect the right of any person to whom any debt may be due for work done or materials furnished to maintain a personal action to recover said debt against the person liable therefor...
Page 41 - ... the property and effects of an insolvent estate, corporation, association, partnership, or individual, may, for the benefit of creditors or others interested in the estate or property so held in trust, disaffirm, treat as void, and resist all acts done, transfers and agreements made in fraud of the rights of any creditor, including themselves and others interested in any estate or property held by or of right belonging to any such trustee or estate.
Page 10 - ... shall not extend to any transaction or communication as to which any such executor, administrator, heir at law, next of kin, assignee, legatee, devisee, survivor or committeeman shall be examined on his own behalf, or as to which the testimony of such deceased person or lunatic shall be given in evidence.