The New York Supplement, Volume 217West Publishing Company, 1927 |
From inside the book
Results 1-5 of 99
Page 15
... constitute a cause of action . The no- ticę of examination based thereon is vacated . ( 217 App . Div . 443 ) RAYNOLDS et al . v . BROWNING , KING & CO . et al . ( Supreme Court , Appellate Division , First Department . July 6 , 1926 ...
... constitute a cause of action . The no- ticę of examination based thereon is vacated . ( 217 App . Div . 443 ) RAYNOLDS et al . v . BROWNING , KING & CO . et al . ( Supreme Court , Appellate Division , First Department . July 6 , 1926 ...
Page 34
... constituting an apparent compliance with the statute of frauds , and an issue of fact is raised whether the defendants are bound by this writ- ing , depending upon whether the defendants had authorized the Max- well Wagner Agency , Inc ...
... constituting an apparent compliance with the statute of frauds , and an issue of fact is raised whether the defendants are bound by this writ- ing , depending upon whether the defendants had authorized the Max- well Wagner Agency , Inc ...
Page 44
... constitute a writ- ten memorandum as required by statute to be signed by the party charged therewith , of the contract sued upon herein . The inference , or the writing from which the inference is drawn , cannot nullify the stat- ute ...
... constitute a writ- ten memorandum as required by statute to be signed by the party charged therewith , of the contract sued upon herein . The inference , or the writing from which the inference is drawn , cannot nullify the stat- ute ...
Page 45
... constitutes a negotiating back and forth , to the end that an agreement be reached , and the basis of agree- ment reached was a mere hiring at will . The first time an assertion is made of the existence of a long term agreement is very ...
... constitutes a negotiating back and forth , to the end that an agreement be reached , and the basis of agree- ment reached was a mere hiring at will . The first time an assertion is made of the existence of a long term agreement is very ...
Page 57
... constitutes a valid release of the Pennsylvania Railroad Company , and bars a recovery against the oth er defendant alleged in the complaint to be a joint tort - feasor . [ 1 , 2 ] The unqualified release of one joint tort - feasor ...
... constitutes a valid release of the Pennsylvania Railroad Company , and bars a recovery against the oth er defendant alleged in the complaint to be a joint tort - feasor . [ 1 , 2 ] The unqualified release of one joint tort - feasor ...
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Popular passages
Page 99 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 113 - TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof.
Page 99 - The title of a person who negotiates an instrument is defective within the meaning of this Act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 479 - ... him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, before said Commission, or in obedience to its subpoena, or the subpoena of either of them, or in any such case or proceeding...
Page 651 - The courts are not free to refuse to enforce a foreign right at the pleasure of the judges, to suit the individual notion of expediency or fairness. They do not close their doors unless help would violate some fundamental principle of justice, some prevalent conception of good morals, some deep-rooted tradition of the common weal.
Page 232 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 474 - Every person negotiating an instrument by delivery or by a qualified indorsement, warrants: 1. That the instrument is genuine and in all respects what it purports to be; 2. That he has a good title to it; 3. That all prior parties had capacity to contract; 4. That he has no knowledge of any fact which would impair the validity of the instrument or render it valueless.
Page 479 - ... that the testimony or evidence, documentary or otherwise, required of him may tend to convict him of a crime or to subject him to a penalty or forfeiture ; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing...
Page 350 - There is no claim that the agreements were made in contemplation of death or to take effect in possession or enjoyment at or after death.
Page 398 - A ;" to have and to hold the same, and every part and parcel thereof, with the appurtenances...