Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 79 |
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Page 3
... condition of the property to which the contract is attached have been so altered that the terms and restrictions of it are no longer applicable to the existing state of things - in such cases , says Judge Story ( 2 Eq . Juris . [ 13th ...
... condition of the property to which the contract is attached have been so altered that the terms and restrictions of it are no longer applicable to the existing state of things - in such cases , says Judge Story ( 2 Eq . Juris . [ 13th ...
Page 5
... condition of the adjacent property * * * as leaves no ground for equitable interference , " I am of opinion that judgment should be rendered for the defendant , but in accord with the terms of the submission , without costs . GOODRICH ...
... condition of the adjacent property * * * as leaves no ground for equitable interference , " I am of opinion that judgment should be rendered for the defendant , but in accord with the terms of the submission , without costs . GOODRICH ...
Page 29
... condition appears to have existed for some time , and to have been familiar to the crew of the " Pick Up " train . As was the custom , the cars which were to be picked up had been placed upon the main switch , the last car standing near ...
... condition appears to have existed for some time , and to have been familiar to the crew of the " Pick Up " train . As was the custom , the cars which were to be picked up had been placed upon the main switch , the last car standing near ...
Page 37
... condition of the premises is assumed by the tenant - - limitations on his right to leave them . A lessee of real property must run the risk of its condition unless he has an express agreement on the part of the lessor in relation ...
... condition of the premises is assumed by the tenant - - limitations on his right to leave them . A lessee of real property must run the risk of its condition unless he has an express agreement on the part of the lessor in relation ...
Page 38
... condition , but as he had occupied the same for a period of two years , and there was no agreement on the part of the plaintiff to keep the premises in repair , we are of opinion that this did not constitute a defense to the claim of ...
... condition , but as he had occupied the same for a period of two years , and there was no agreement on the part of the plaintiff to keep the premises in repair , we are of opinion that this did not constitute a defense to the claim of ...
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Popular passages
Page 18 - ... the right of the citizen to be free in the enjoyment of all his faculties ; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary and essential to his carrying out to a successful conclusion the purposes above mentioned.
Page 397 - No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.
Page 585 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 183 - All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose.
Page 632 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 200 - ... shall be elected by the electors, of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose. All other officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct Section 3.
Page 256 - A thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers, and such construction ought to be put upon it as does not suffer it to be eluded.
Page 376 - ... and issue stock to the amount of the value thereof in payment therefor, and the stock so issued shall be...
Page 19 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Page 20 - To justify the state in thus interposing its authority in behalf of the public it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference ; and, second, that the means are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals.