The New York State Reporter, Volume 32W. C. Little., 1890 "Containing all the current decisions of the courts of record of New York State, namely: Court of Appeals, Supreme Court, New York Superior Court, New York Common Pleas, Superior Court of Buffalo, City Court of New York, City Court of Brooklyn, and the Surrogates' Courts" (varies slightly). |
From inside the book
Results 1-5 of 76
Page 48
... trial ordered , with costs to abide the event . BOOKSTAVER , J. - As the judgment in this action must be re- versed on the grounds hereinafter stated and a new trial had , I prefer to express no opinion on the reasonableness of ...
... trial ordered , with costs to abide the event . BOOKSTAVER , J. - As the judgment in this action must be re- versed on the grounds hereinafter stated and a new trial had , I prefer to express no opinion on the reasonableness of ...
Page 55
... trial term , and from an order denying a motion for a new trial . L. Laflin Kellogg , for app'lt ; E. T. Lovatt , for resp'ts . BOOKSTAVER , J. - The complaint , after averring the copartner- ship of the defendants , contains the usual ...
... trial term , and from an order denying a motion for a new trial . L. Laflin Kellogg , for app'lt ; E. T. Lovatt , for resp'ts . BOOKSTAVER , J. - The complaint , after averring the copartner- ship of the defendants , contains the usual ...
Page 72
... trial , and that it did not appear that such evidence was not considered by the court . MOTION for reargument . Peckham & Tyler ( Wm . G. Peckham ) , for resp't , for motion ; Edward S. Rapallo and Brainard Tolles , for appl'ts ...
... trial , and that it did not appear that such evidence was not considered by the court . MOTION for reargument . Peckham & Tyler ( Wm . G. Peckham ) , for resp't , for motion ; Edward S. Rapallo and Brainard Tolles , for appl'ts ...
Page 84
... trial of which the reviewing court must necessarily be ignorant . The discussions of counsel upon which courts largely depend , and the tacit concessions which take place in all trials , cannot be fully represented upon the record . To ...
... trial of which the reviewing court must necessarily be ignorant . The discussions of counsel upon which courts largely depend , and the tacit concessions which take place in all trials , cannot be fully represented upon the record . To ...
Page 102
... trial judge was clearly right . As to the second cause of action , the trial judge dismissed the complaint , and his ruling is fully justified by the reasons given by him on the trial , and which are set forth in page 44 , folio 173 ...
... trial judge was clearly right . As to the second cause of action , the trial judge dismissed the complaint , and his ruling is fully justified by the reasons given by him on the trial , and which are set forth in page 44 , folio 173 ...
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Common terms and phrases
administratrix affidavit affirmed agreement alleged amount app'lt APPEAL from judgment application assessment assignment authority Bank bond cause of action chap charge Civil Procedure claim Code commissioners complaint concur contract costs counsel creditors damages death debt deceased decree deed defendant defendant's dollars entitled evidence ex rel execution executors fact favor fendant Filed July Filed June fraud fraudulent granted held injuries intent issue John judge June 19 jury land letters testamentary liable lien Matter MAYHAM ment Monroe county mortgage motion N. Y. State Rep negligence Oneida county opinion order denying owner paid parties payment person plaintiff possession premises proceedings proof purchase question railroad real estate reason received recover referee refused relator remittitur replevin resp't reversed special term statute street Supreme Court surrogate surrogate's court testator testified testimony thereof tion trial trust verdict witness York
Popular passages
Page 662 - ... be accompanied by an immediate delivery, and be followed by an actual and continued change of possession...
Page 661 - ... or subsequent purchasers in good faith; and shall be conclusive evidence of fraud, unless it shall be made to appear on the part of the persons claiming under such sale or assignment that the same was made in good faith, and without any intent to defraud such creditors or purchasers.
Page 785 - ... shall be liable in like manner, and to the same extent as the testator or intestate. or the ward or person interested in such trust fund would have been, if he had been living and competent to act, and held the same stock in his own name.
Page 558 - If there was such proof, whether there was, upon all the evidence, such a preponderance of proof, against the existence of any of those facts, that the verdict of a jury, affirming the existence thereof, rendered in an action in the supreme court, triable by a jury, would be set aside by the court, as against the weight of evidence.
Page 590 - 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 140 - ... 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 719 - The defendant may, at any time before the trial or judgment, serve upon the plaintiff an offer to allow judgment to be taken against him for the sum or property, or to the effect therein specified.
Page 65 - The defendant pleaded that the contract was oral, and within the statute of frauds, because it was " not to be performed within one year from the making thereof...
Page 798 - ... presumptive evidence that the sale and all proceedings prior thereto, from and including the assessment of the...
Page 290 - First Upon information and belief, that in the year 1871, at the city of N'ew Tork, one Robert Barkley died, leaving a last will and testament which was duly admitted to probate by the Surrogate of the County of New Tork.