Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 107 |
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Page 17
... premises in question has escheated to the People of the State of New York . Henry Melville , for the appellants . Lewis Ogden O'Brien , for the respondent . APP . DIV . - VOL . CVII . 2 INGRAHAM , J .: FIRST DEPARTMENT , JULY , 1905 ...
... premises in question has escheated to the People of the State of New York . Henry Melville , for the appellants . Lewis Ogden O'Brien , for the respondent . APP . DIV . - VOL . CVII . 2 INGRAHAM , J .: FIRST DEPARTMENT , JULY , 1905 ...
Page 35
... premises , naturally defendant's counsel might feel reasonably contented because such instructions measured the defendant's lia- bility so far as that trial was concerned , however erroneous they might be . While there are other ...
... premises , naturally defendant's counsel might feel reasonably contented because such instructions measured the defendant's lia- bility so far as that trial was concerned , however erroneous they might be . While there are other ...
Page 36
... premises or in any timber left thereon , " construed -equitable defense not available in an action at law . The owner of a tract of timber land entered into a contract whereby she sold to another party for a specified price , payable in ...
... premises or in any timber left thereon , " construed -equitable defense not available in an action at law . The owner of a tract of timber land entered into a contract whereby she sold to another party for a specified price , payable in ...
Page 37
... premises until the moneys above mentioned have been paid in the manner and times heretofore stated . " In case the party of the second part neglects or refuses to make the payments , or any of them as above provided , then it is agreed ...
... premises until the moneys above mentioned have been paid in the manner and times heretofore stated . " In case the party of the second part neglects or refuses to make the payments , or any of them as above provided , then it is agreed ...
Page 38
... premises or adjoining lands from damage by fire and to rebuild or replace or pay the value of all fences burned by reason of the acts of his agents and servants under this contract . " Party of the second part further agrees to draw all ...
... premises or adjoining lands from damage by fire and to rebuild or replace or pay the value of all fences burned by reason of the acts of his agents and servants under this contract . " Party of the second part further agrees to draw all ...
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Common terms and phrases
abide the event accident Act Laws alleged amount appellant to abide appointed AUGUST bank BARTLETT Brooklyn Brooklyn Heights Railroad cause of action certificate chap charge Civil Procedure claim clerk Cobleskill complaint concurred contract contributory negligence corporation costs and disbursements counsel Court in favor damages deceased decedent defendant defendant's denying dollars costs duty entitled evidence ex rel executed executors fact FOURTH DEPARTMENT furnished HIRSCHBERG Impleaded injury intention issue JENKS Judgment and order JULY jury Kings County liability lien Matter mechanic's lien ment mortgage motion negligence notice opinion Order affirmed owner paid parties payment person plaintiff premises proof question railroad Raunheim real estate reason recover Respondent reversed RICH and MILLER rule SECOND DEPARTMENT Special Term statute street Supreme Court Surrogate's Court sustained testator testified thereof tion trial granted trust verdict wife witnesses York
Popular passages
Page 635 - Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized; but the mere addition of words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability.
Page 699 - No carrier or party in possession of all or any of the property herein described shall be liable for any loss thereof or damage thereto, or delay caused by the act of God.
Page 396 - 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...
Page 144 - Where the person primarily liable on the instrument is dead, and no place of payment is specified, presentment for payment must be made to his personal representative, if such there be, and if with the exercise of reasonable diligence he can be found.
Page 524 - A court of equity, which is never active in relief against conscience, or public convenience, has always refused its aid to stale demands, where the party has slept upon his rights, and acquiesced for a great length of time. 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...
Page 193 - ... for not less than ten years prior to such transfer stood in the mutually acknowledged relation of a parent, provided, however, such relationship began at or before the child's fifteenth birthday and was continuous for said ten years thereafter...
Page 146 - Except as herein otherwise provided, when a negotiable instrument has been dishonored by non-acceptance or non-payment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged.
Page 534 - That the said party of the second part covenants and agrees to and with the said party of the first part to...
Page 263 - So, in every case, where a statute enacts, or prohibits a thing for the benefit of a person, he shall have a remedy upon the same statute for the thing enacted for his advantage, or for the recompense of a wrong done to him contrary to the said law.
Page 497 - Where a person signs a bill as drawer, indorser, or acceptor, and adds words to his signature, indicating that he signs for or on behalf of a principal, or in a representative character, he is not personally liable thereon ; but the mere addition to his signature of words describing him as an agent, or as filling a representative character, does not exempt him from personal liability.