Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 107 |
From inside the book
Results 1-5 of 100
Page 22
... result ; O'BRIEN , P. J. , dissented Judgment modified as directed in opinion , and as modified affirmed , with costs to appellants . In the Matter of the Application of THE CITY OF NEW York , Respondent , Relative to Acquiring Title ...
... result ; O'BRIEN , P. J. , dissented Judgment modified as directed in opinion , and as modified affirmed , with costs to appellants . In the Matter of the Application of THE CITY OF NEW York , Respondent , Relative to Acquiring Title ...
Page 28
... result that the horses were injured by the inattention and negligence of the defendant after such demand and refusal , the plaintiffs would be entitled to recover . The case was submitted to the jury , if we properly interpret the ...
... result that the horses were injured by the inattention and negligence of the defendant after such demand and refusal , the plaintiffs would be entitled to recover . The case was submitted to the jury , if we properly interpret the ...
Page 30
... resulting from the non - performance of such duty . APPEAL by the defendant , the St. Regis Paper Company , from a judgment of the Supreme Court in favor of the plaintiff , entered in the office of the clerk of the county of Jefferson ...
... resulting from the non - performance of such duty . APPEAL by the defendant , the St. Regis Paper Company , from a judgment of the Supreme Court in favor of the plaintiff , entered in the office of the clerk of the county of Jefferson ...
Page 33
... resulting therefrom the defendant is liable . The statute ought not to be interpreted to mean that when a defendant knows that a guard covering cog wheels or gears which , by the stat- ute , are required to be covered , has been removed ...
... resulting therefrom the defendant is liable . The statute ought not to be interpreted to mean that when a defendant knows that a guard covering cog wheels or gears which , by the stat- ute , are required to be covered , has been removed ...
Page 50
... result from such failure on their part . It is hardly necessary to cite authorities to show the correctness of the appellants ' con- tention . The title of the State , their grantor , was perfect so far as appears by the recitals in the ...
... result from such failure on their part . It is hardly necessary to cite authorities to show the correctness of the appellants ' con- tention . The title of the State , their grantor , was perfect so far as appears by the recitals in the ...
Other editions - View all
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.