The New York Supplement, Volume 217West Publishing Company, 1927 |
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Page 23
... determined , the court appoint a receiver of the land mortgaged , so that the same may be sold and the proceeds divided equitably among the parties according to their respective rights as determined by the court . The plaintiff was ...
... determined , the court appoint a receiver of the land mortgaged , so that the same may be sold and the proceeds divided equitably among the parties according to their respective rights as determined by the court . The plaintiff was ...
Page 51
... determine damages from change of street grade , and no answer or counter affidavit was filed , allegations of petition stood admitted , and petitioner did not waive admissions by going into proofs ( Village Law , § 159 , subd . 1 ) ...
... determine damages from change of street grade , and no answer or counter affidavit was filed , allegations of petition stood admitted , and petitioner did not waive admissions by going into proofs ( Village Law , § 159 , subd . 1 ) ...
Page 53
... determined when signing the order of appointment . The order of appointment of commissioners is all the statute expressly requires . Village Law , § 159 . The appellant now claims that there was no change of grade within the meaning of ...
... determined when signing the order of appointment . The order of appointment of commissioners is all the statute expressly requires . Village Law , § 159 . The appellant now claims that there was no change of grade within the meaning of ...
Page 67
... determined on motion for injunction pendente lite restraining trustees from voting stock , where injunction might enable competing institution to absorb bank and its management or permit speculators to embarrass it . 3. Contracts 121 ...
... determined on motion for injunction pendente lite restraining trustees from voting stock , where injunction might enable competing institution to absorb bank and its management or permit speculators to embarrass it . 3. Contracts 121 ...
Page 77
... determination of whether the denial of a defense of usury to a corporation can be extended by implication , so as to deny such a de- fense to an individual who is a comaker of a note is to be determined by the nature and character of ...
... determination of whether the denial of a defense of usury to a corporation can be extended by implication , so as to deny such a de- fense to an individual who is a comaker of a note is to be determined by the nature and character of ...
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Act Laws added by Laws agreement alleged amended by Laws amount Appellate Division application attorney authority award Bank Bruff cause of action Civil Practice Act claim commission Company complaint contract corporation counsel County damages decedent defendant defendant's Digests & Indexes dismissed entitled equitable Estate Law evidence ex rel executors fact Fourth Department franchise granted held income Indexes 217 Industrial Board interest issue judgment jurisdiction jury Key-Numbered Digests land landlord lease liability Marie Antoinette Matter ment Misc mortgage owner paid parties payment person petitioner plaintiff pleadings premises proceeding purchase purpose question railroad Realty referee relator Respondent reversed rule September 23 Special Term statute subd supra Supreme Court Surrogate's Court tenant testator testatrix thereof Third Department tion topic & KEY-NUMBER trial trust verdict voting trust wife York City York County
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...