Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 51 |
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Page 34
... proof does not satisfactorily establish that there was an unvarying practice or custom by the defendant's trainmen to set the brakes on the rear car of each string left at the defendant's elevator . App . Div . ] FOURTH DEPARTMENT ...
... proof does not satisfactorily establish that there was an unvarying practice or custom by the defendant's trainmen to set the brakes on the rear car of each string left at the defendant's elevator . App . Div . ] FOURTH DEPARTMENT ...
Page 89
... proof that Bristol knew anything about the mortgage to defendant . In the absence of such proof , the facts clearly warrant the finding that Bristol was a mortgagee in good faith . The fact that the transfers to Bristol and to plaintiff ...
... proof that Bristol knew anything about the mortgage to defendant . In the absence of such proof , the facts clearly warrant the finding that Bristol was a mortgagee in good faith . The fact that the transfers to Bristol and to plaintiff ...
Page 93
... proof that Dr. Kuhn in fact knew in 1893 the circumstances of the transaction in 1888. He might have known by an examination of the papers in his office . Assuming that Dr. Kuhn did know , was his knowledge chargeable to the defendant ...
... proof that Dr. Kuhn in fact knew in 1893 the circumstances of the transaction in 1888. He might have known by an examination of the papers in his office . Assuming that Dr. Kuhn did know , was his knowledge chargeable to the defendant ...
Page 99
... proof was sufficient for a recovery as to the line fences and the right of way . The court erred , we think , in holding that the plaintiff's possession was not sufficient . It follows that the nonsuit should not have been granted . All ...
... proof was sufficient for a recovery as to the line fences and the right of way . The court erred , we think , in holding that the plaintiff's possession was not sufficient . It follows that the nonsuit should not have been granted . All ...
Page 109
... proof , as claimed by the defendant , that he was beyond hope of recovery . It is difficult to see how the People could have made better proof . He was told THIRD DEPARTMENT , MAY TERM , 1900 . [ Vol PEOPLE v . BURT . 109.
... proof , as claimed by the defendant , that he was beyond hope of recovery . It is difficult to see how the People could have made better proof . He was told THIRD DEPARTMENT , MAY TERM , 1900 . [ Vol PEOPLE v . BURT . 109.
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alleged amended amount appellant application APRIL TERM assessment attorney bank bonds Brooklyn BROOKLYN HEIGHTS RAILROAD Catholic Benevolent Legion cause of action chap chapter charge Civil Procedure claim clerk Code of Civil complaint concurred contract corporation costs and disbursements Court in favor damages deceased decree defendant defendant's denied DIV.-VOL dollars costs duty entered entitled evidence ex rel executor fact filed FOURTH DEPARTMENT granted Impleaded injury John Lavery Judgment affirmed Judgment and order jury lease liability Manila hemp Matter ment mortgage motion Municipal negligence Ogdensburg opinion Order affirmed party payment person petition plaintiff premises proceedings question Railroad Company received recover referee Respondent SECOND DEPARTMENT Special Term statute street Supreme Court surrogate Surrogate's Court testator testified testimony thereof THIRD DEPARTMENT tion town trial trust verdict votes William witness Yonkers York YORK ex rel
Popular passages
Page 66 - Granting to any corporation, association or individual the right to lay down railroad tracks...
Page 285 - ... and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Page 308 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law or Of which he might have availed himself at law but was prevented by fraud or accident, unmixed with any fault or See 17 OTTO. i negligence in himself or his agents, will justify ; an application to a court of chancery.
Page 66 - But no law shall ^ -authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Page 415 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Page 479 - If the court or judge finds the sureties sufficient he must indorse his allowance of them upon the undertaking, or a copy thereof, and a notice of the allowance must be served upon the attorney for the exceptant. The effect of a failure so to justify and procure an allowance, is the same as if the undertaking had not been given.
Page 50 - Woman. —A married woman has all the rights in respect to property, real or personal, and the acquisition, use, enjoyment and disposition thereof, and to make contracts in respect thereto with any person, including her husband, and to carry on any business, trade or occupation, and to exercise all powers and enjoy all rights in respect thereto and in respect to her contracts, and be liable on such contracts as if she were unmarried; but a husband and wife can not contract to alter or dissolve the...
Page 215 - The shareholders of every national banking association shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts and engagements of such association, to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such shares...
Page 201 - ... it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.
Page 145 - ... is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.