Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 9 |
Contents
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Common terms and phrases
abide the event accident agreement alleged appellant attorney Bank bill of lading Brooklyn City Railroad Brooklyn Heights Railroad brought to recover champerty Charles Charles W city of Brooklyn Civil Procedure claim clerk Code of Civil complaint concurred contract contributory negligence corporation costs and disbursements costs to abide county of Kings Court in favor creditors damages deceased deed defendant defendant's denied DIV.-VOL dollars costs entered entitled evidence ex rel executors fact FOURTH DEPARTMENT granted held highway injury Judgment affirmed Judgment and order jury Kings County lease letters rogatory liable ment mortgage motion negligence NOVEMBER TERM OCTOBER TERM Order affirmed order appealed parties payment person plaintiff premises proof question reason received reference rendered Respondent reversed rule SECOND DEPARTMENT SEPTEMBER TERM Special Term statute street Supreme Court testator testified testimony thereof THIRD DEPARTMENT tion trustees verdict Weed William witness York
Popular passages
Page 397 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Page 341 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 605 - Future estates are either vested or contingent. They are vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate. They are contingent while the person to whom, or the event upon which, they are limited to take effect, remains uncertain.
Page 585 - Where it is made by a person, other than the party, he must set forth, in the affidavit, the grounds of his belief, as to all matters not stated upon his knowledge, and the reason why it is not made by the party.
Page 340 - If fire occur the insured shall give immediate notice of any loss thereby in writing to this company, protect the property from further damage, forthwith separate the damaged and undamaged personal property, put it in the best possible order, make a complete inventory of the same, stating ihe quantity and cost of each article and the amount claimed thereon...
Page 341 - ... within sixty days after the fire, unless such time Is extended in writing by this company, shall render a statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the Insured as to the time and origin of the fire; the Interest of the insured and of all others in the property; the cash value of each Item thereof, and the amount of loss thereon...
Page 267 - ... first appointed, two shall hold office for three years, two for two years, and one for one year, from the...
Page 284 - ... repair; but, in case of the total destruction of the premises by fire or otherwise, the rent shall be paid up to the time of such destruction, and then and from thenceforth this lease shall cease and come to an end...
Page 301 - No corporation which shall have refused to pay any of its notes or other obligations when due...
Page 351 - The provisions of this chapter apply, and constitute the only rules of limitation applicable, to a civil action or special proceeding, except in one of the following cases: 74 1. A case, where a different limitation is specially prescribed by law, or a shorter limitation is prescribed by the written contract of the parties.