Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York, Volume 15Baker, Voorhis & Company, 1891 |
From inside the book
Results 1-5 of 89
Page 10
... complaint and an affidavit by plaintiff's attorney , an order of arrest was granted . Defendant moved to vacate the order on the same papers on which it was granted . Estell v . DePennevet . William Sulzer , for the 10 COURT OF COMMON ...
... complaint and an affidavit by plaintiff's attorney , an order of arrest was granted . Defendant moved to vacate the order on the same papers on which it was granted . Estell v . DePennevet . William Sulzer , for the 10 COURT OF COMMON ...
Page 16
... complaint at the trial . The action was brought to foreclose a mechanic's lien for work done by plaintiff on defendants ' houses under a written contract . Defendants set up a submission of the matter to arbitration and an award thereon ...
... complaint at the trial . The action was brought to foreclose a mechanic's lien for work done by plaintiff on defendants ' houses under a written contract . Defendants set up a submission of the matter to arbitration and an award thereon ...
Page 25
... complaint in an action for negligently causing his death was properly dismissed . APPEAL from a judgment of this court entered upon the dismissal of the complaint at a trial . The action was brought by plaintiff , as administratrix of ...
... complaint in an action for negligently causing his death was properly dismissed . APPEAL from a judgment of this court entered upon the dismissal of the complaint at a trial . The action was brought by plaintiff , as administratrix of ...
Page 26
... complaint in this action , Judge BOOKSTAVER used the following language : " It is manifest that if the deceased had ... complaint must be dismissed . " I think the learned judge correctly disposed of the motion , and concur with him in ...
... complaint in this action , Judge BOOKSTAVER used the following language : " It is manifest that if the deceased had ... complaint must be dismissed . " I think the learned judge correctly disposed of the motion , and concur with him in ...
Page 29
... complaint- where , at the bottom of page 230 , the judges of the Court of Appeals say , as matter of law , that the action could not be maintained " for the additional reason that the deceased was chargeable with contributory negligence ...
... complaint- where , at the bottom of page 230 , the judges of the Court of Appeals say , as matter of law , that the action could not be maintained " for the additional reason that the deceased was chargeable with contributory negligence ...
Other editions - View all
Common terms and phrases
accident action was brought Adler affidavit agreement Albert Watson alleged amount answer applied authority award BOOKSTAVER Bowery Savings Bank cause of action charge City Court Civil Procedure claim Code common carrier complaint concurred contract contributory negligence corporation costs counsel court entered Court of Appeals damages Decided December decision defendant defendant's delivered demurrer denying a motion dismissed district court elevated railroad Elevated Railway entitled evidence facts favor fendant filed fraud ground held HOESEN injury issue J. F. DALY Judgment affirmed Judgment reversed jury justice landlord LARREMORE lease Lewis Seymour liable lien Mahopac Manhattan Manhattan Railway mechanic's lien ment mortgage negligence opinion order denying owner parties payment person plaint plaintiff premises proof purchase question Railroad Company reason refused rent res adjudicata respondent rule Special Term statute stockholder street tenant testimony thereof tion trial ordered trustees verdict Watts York
Popular passages
Page 158 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Page 475 - This is an action brought to recover damages for injuries sustained by the plaintiff through the alleged negligence of the defendant.
Page 17 - Affidavit above referred to, but as and for damages alleged to have been suffered by the Plaintiff by reason of the sale and conveyance made by the Defendant to one W.
Page 289 - The testimony made out a prima facie case of negligence on the part of the...
Page 120 - ... together with all and singular, the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above described premises, and every part and parcel thereof, with the appurtenances.
Page 74 - An adjudication is final and conclusive not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have...
Page 571 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
Page 180 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.
Page 429 - When it is objected at the trial, and appears by the evidence, that the action is brought in the wrong county, or township, or city...
Page 494 - In this case the plaintiff undertook to make a bust which should be satisfactory to the defendant. The case shows that she was not satisfied with it. The plaintiff has not yet then fulfilled his contract. It is not enough to say that she ought to be satisfied with it, and that her dissatisfaction is unreasonable. She, and not the court, is entitled to judge of that. The contract was not to make one that she ought to be satisfied with.