The New York Supplement, Volume 112West Publishing Company, 1909 "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
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Results 1-5 of 99
Page 9
... matter of law privileged was determined on a prior appeal of this court . 110 App . Div . 437 , 96 N. Y. Supp . 808. The jury has found as matter of fact that it was not privileged , and we cannot say that this finding was against the ...
... matter of law privileged was determined on a prior appeal of this court . 110 App . Div . 437 , 96 N. Y. Supp . 808. The jury has found as matter of fact that it was not privileged , and we cannot say that this finding was against the ...
Page 10
... matter thus determined . But no such request was made ; and we cannot say that the evidence on that point is , as matter of law , in- sufficient to sustain a verdict in which punitive damages were , as we assume , included . Judgment ...
... matter thus determined . But no such request was made ; and we cannot say that the evidence on that point is , as matter of law , in- sufficient to sustain a verdict in which punitive damages were , as we assume , included . Judgment ...
Page 13
... matter until 1905 , after the owner , in 1904 , had executed another oil lease of the land to plaintiff , when G. put down another well on the premises . Held , that the evidence showed as a matter of law that G. had abandoned his lease ...
... matter until 1905 , after the owner , in 1904 , had executed another oil lease of the land to plaintiff , when G. put down another well on the premises . Held , that the evidence showed as a matter of law that G. had abandoned his lease ...
Page 18
... matter of law that the lease had terminated long before the contract made with the plaintiff . " It seems to me that upon all the evidence the question whether Galletts had abandoned the lease executed and delivered to him was a ...
... matter of law that the lease had terminated long before the contract made with the plaintiff . " It seems to me that upon all the evidence the question whether Galletts had abandoned the lease executed and delivered to him was a ...
Page 19
... matter of law , that Galletts had abandoned his lease , or that he or the defendant understood he had abandoned the same . Whether or not Galletts forfeited his rights under his lease is very largely a matter of intention of the parties ...
... matter of law , that Galletts had abandoned his lease , or that he or the defendant understood he had abandoned the same . Whether or not Galletts forfeited his rights under his lease is very largely a matter of intention of the parties ...
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146 New York Act Laws affirmed agreement alleged amended amount appeal Appellate Division application appointed attorney authority bank cause of action Cent charge claim Code Civ commissioners complaint concur constitute contract corporation costs counsel crime damages death deceased decedent deed defendant defendant's demurrer denied election employé entitled evidence executed executor fact fendant GAYNOR grand jury granted held indictment interest issue jurisdiction justice Kings County land lease liable lien ment motion Municipal N. Y. Supp negligence Note.-For October October 23 owner paid party payment person plaintiff pleading preferred stock premises primary election proceedings purchase purpose question quitclaim deed real estate reason recover reversed rule Special Term statute street Supreme Court Surrogate's Court testator thereof tion Trial Term trust verdict York County York State Reporter
Popular passages
Page 450 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 64 - ... when during the litigation it appears that the defendant is doing or threatens or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.
Page 239 - Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence ; where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore, from the beginning of this Jurisdiction, there was always a limitation to suits In this court.
Page 527 - A deposit by one person of his own money, in his own name as trustee for another, standing alone, does not establish an irrevocable trust during the lifetime of the depositor. It is a tentative trust merely, revocable at will, until the depositor dies or completes the gift in his lifetime by some unequivocal act or declaration such as delivery of the passbook or notice to the beneficiary.
Page 313 - ... procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.
Page 313 - Suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt, whose estate is being administered by such trustee, might have brought or prosecuted them if proceedings in bankruptcy had not been instituted, unless by consent of the proposed defendant.
Page 206 - No person having a husband, wife, child or parent, shall, by his or her last will and testament, devise or bequeath to any benevolent, charitable, literary, scientific, religious or missionary society, association or corporation, in trust or otherwise, more than one-half part of his or her estate, after the payment of his or her debts, and such devise or bequest shall be valid to the extent of one-half, and no more.
Page 761 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality...
Page 511 - Court are to be governed in exercising this summary jurisdiction over its officers seems to me to be this; where an attorney is employed in a matter wholly unconnected with his professional character, the Court will not interfere in a summary way to compel him to execute faithfully the trust reposed in him. But where the employment is so connected with his professional character as to afford a presumption that his character formed the ground of his employment by the client, there the Court will exercise...
Page 321 - The indictment must be set aside by the court in which the defendant is arraigned, and upon his motion, in either of the following cases, but in no other: 1.