The New York Supplement, Volume 95West Publishing Company, 1906 "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 100
Page 28
... alleged defamatory matter in its appli- cation to plaintiff depends on extrinsic facts not pleaded , and the allega- tion that the matter was published of plaintiff is denied by the answer , a motion to dismiss the complaint , as not ...
... alleged defamatory matter in its appli- cation to plaintiff depends on extrinsic facts not pleaded , and the allega- tion that the matter was published of plaintiff is denied by the answer , a motion to dismiss the complaint , as not ...
Page 37
... alleged counterclaim set forth in paragraphs " eleventh " to " seventeenth " ( both inclusive ) of the answer of the defendant , Charles Ward Hall , seems to me to be well founded . The defendant , in his counterclaim , alleges that ...
... alleged counterclaim set forth in paragraphs " eleventh " to " seventeenth " ( both inclusive ) of the answer of the defendant , Charles Ward Hall , seems to me to be well founded . The defendant , in his counterclaim , alleges that ...
Page 51
... alleged , it may be necessary to deny specific allegations of the complaint which , under our rules of pleading , would otherwise be admitted . All de- nials in a defense are not , therefore , necessarily surplusage or im- material . If ...
... alleged , it may be necessary to deny specific allegations of the complaint which , under our rules of pleading , would otherwise be admitted . All de- nials in a defense are not , therefore , necessarily surplusage or im- material . If ...
Page 52
... alleged fraud must be pleaded . The last demurrer is to the paragraph in the answer , beginning : " For a fifth defense and by way of counterclaim defendants reallege all the allegations herein set forth . " And continuing : " That by ...
... alleged fraud must be pleaded . The last demurrer is to the paragraph in the answer , beginning : " For a fifth defense and by way of counterclaim defendants reallege all the allegations herein set forth . " And continuing : " That by ...
Page 53
... alleged counterclaim does not state a distinct cause of ac- tion . No facts are pleaded . The dragnet repetition does not ren- der the insufficient allegations , when collected , sufficient , but pro- duces an unintelligible combination ...
... alleged counterclaim does not state a distinct cause of ac- tion . No facts are pleaded . The dragnet repetition does not ren- der the insufficient allegations , when collected , sufficient , but pro- duces an unintelligible combination ...
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Common terms and phrases
129 New York 48 Misc abide the event agreement alleged amount Appeal from Special Appellate Division Appellate Term Argued before HIRSCHBERG Argued before SCOTT attorney authority BISCHOFF and FITZGER cause of action Cent charge claim Code complaint concur contract corporation costs counsel damages death defendant appeals defendant's demurrer entitled evidence executors fact favor fendant granted held highway injury issue Judgment affirmed jury justice Kings County lease liability lien ment mortgage motion N. Y. Supp negligence Note.-For notice October 27 order denying owner paid parties payment person plaintiff premises proceedings purchase question railroad Raunheim reason recover respondent Richard Irvin Special Term statute street Supreme Court tenant testator testified thereof tion town of Geddes Trial Term trust verdict witness York County York State Reporter
Popular passages
Page 729 - ... have not been duly scheduled in time for proof and allowance, with the name of the creditor, if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy...
Page 428 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 724 - In an action brought to recover a judgment affecting the title to, or the possession, use, or enjoyment of, real property...
Page 742 - ... a fair and just compensation for the pecuniary injuries, resulting, from the decedent's death, to the person or persons for whose benefit the action is brought.
Page 210 - The term corporations, as used in this article, shall be construed to include all associations and joint-stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons.
Page 321 - I think that the rule of conduct is as nearly as possible the same as where the Court is asked to set aside a verdict on the ground that it is against the weight of evidence.
Page 258 - Second. In the case of articles labeled, branded, or tagged so as to plainly Indicate that they are compounds, imitations, or blends, and the word "compound," "imitation,
Page 182 - The amount of any loss or damage for which any carrier becomes liable shall be computed at the value of the property at the place and time of shipment under this bill of lading, unless a lower value has been agreed upon or is determined by the classification upon which the rate is based, in either of which events such lower value shall be the maximum price to govern such computation.
Page 231 - ... 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.
Page 428 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as it deems just...