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 85
Page 5
... entered in this court , for the purpose of such appeal , on affirmance of a judgment of the City Court ; that act does not amend or alter the provisions of the Code regulating the practice on appeals from the -City Court to this court ...
... entered in this court , for the purpose of such appeal , on affirmance of a judgment of the City Court ; that act does not amend or alter the provisions of the Code regulating the practice on appeals from the -City Court to this court ...
Page 6
... entered in this court it could not be remitted to the City Court , nor could the clerk of that court transmit the papers to the Court of Appeals , as directed by these provisions of the Code , which are now in force . It would be an ...
... entered in this court it could not be remitted to the City Court , nor could the clerk of that court transmit the papers to the Court of Appeals , as directed by these provisions of the Code , which are now in force . It would be an ...
Page 12
... entered upon the verdict of a jury rendered by direction of the court . The facts are stated in the opinion . Louis J. Grant , for appellant . David J. Dean , for respondent . Muhr v . The Mayor , & c . , 12 COURT OF COMMON PLEAS .
... entered upon the verdict of a jury rendered by direction of the court . The facts are stated in the opinion . Louis J. Grant , for appellant . David J. Dean , for respondent . Muhr v . The Mayor , & c . , 12 COURT OF COMMON PLEAS .
Page 16
... entered upon the dismissal of a 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 ...
... entered upon the dismissal of a 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 ...
Page 19
... Judgment affirmed . * * The judgment entered upon this decision was affirmed upon appeal to the Court of Appeals , February 25th , 1890 ( see 119 N. Y. 475 ) . People v . Woodman . THE PEOPLE OF THE STATE NEW YORK - JUNE , 1888 19.
... Judgment affirmed . * * The judgment entered upon this decision was affirmed upon appeal to the Court of Appeals , February 25th , 1890 ( see 119 N. Y. 475 ) . People v . Woodman . THE PEOPLE OF THE STATE NEW YORK - JUNE , 1888 19.
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Common terms and phrases
accident action was brought Adler affidavit agreement Albert Watson alleged ALLEN amount answer applied arbitrators authority award BOOKSTAVER Bowery Savings Bank cause of action charge City Court Civil Procedure claim common carrier concurred contract contributory negligence corporation costs counsel court entered Court of Appeals damages debt Decided December decision defendant defendant's delivered demurrer denying a motion district court duty elevated railroad Elevated Railway entitled evidence facts favor fendant filed fraud ground held HOESEN injury issue J. F. DALY Judgment affirmed jury justice landlord LARREMORE lease liable lien 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 rendered rent res adjudicata respondent rule Special Term statute stockholder tenant testimony thereof tion trial ordered trustees verdict Watts writ of mandamus 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.