The New York Supplement, Volume 98West Publishing Company, 1906 |
From inside the book
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Page 37
... recover the full amount of the contract , when he had not performed the work upon the performance of which depended his right to recover in this action . There is no finding of any waiver by the defendant and 132 New York State Reporter ...
... recover the full amount of the contract , when he had not performed the work upon the performance of which depended his right to recover in this action . There is no finding of any waiver by the defendant and 132 New York State Reporter ...
Page 79
... recover the highest value of the article converted , if you find there was a conversion in this case , from the time of the conversion to the time of the trial , and he is also entitled to recover as damages interest upon such value ...
... recover the highest value of the article converted , if you find there was a conversion in this case , from the time of the conversion to the time of the trial , and he is also entitled to recover as damages interest upon such value ...
Page 80
... recover their highest value between the time of conversion and the time of trial . I have been unable to find a single authority in this state which sustains the instruction given other than Markham v . Jaudon , 41 N. Y. 255 , which was ...
... recover their highest value between the time of conversion and the time of trial . I have been unable to find a single authority in this state which sustains the instruction given other than Markham v . Jaudon , 41 N. Y. 255 , which was ...
Page 91
... recover damages incurred by the alleged negligence of the defendant in operating a hod elevator which it had installed for hire in a building in process of erection . The plaintiff was an employé of the contractor for the erection of ...
... recover damages incurred by the alleged negligence of the defendant in operating a hod elevator which it had installed for hire in a building in process of erection . The plaintiff was an employé of the contractor for the erection of ...
Page 107
... recover as follows :串* ( 9 ) Upon claims arising # out of the same transaction , or transactions connected with the same subject of action , and not included within one of the foregoing subdivisions of this section . But it must appear ...
... recover as follows :串* ( 9 ) Upon claims arising # out of the same transaction , or transactions connected with the same subject of action , and not included within one of the foregoing subdivisions of this section . But it must appear ...
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Common terms and phrases
132 New York abide the event affirmed agreement alleged amended amount Appeal from Special appellant to abide Appellate Division Appellate Term April April 20 Argued before O'BRIEN Argued before SCOTT attorney cause of action Cent charge claim Code Civ complaint concur contract contributory negligence corporation costs counsel deceased defendant appeals defendant's demurrer entitled evidence executors fact fendant held INGRA INGRAHAM injuries intention intestate jury justice lease liability lien Manhattan March 26 ment motion Municipal Court N. Y. Supp negligence Note.-For notice owner paid parties payment person plaintiff pleading premises proceeding proof purchase question railroad received recover respondent reversed Special Term statute street Supreme Court surrogate Surrogate's Court tenant testator testified testimony thereof tion town of Hempstead Trial Term trustees verdict witness York County York State Reporter
Popular passages
Page 761 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof; or if the interest of the insured in the property be not truly stated herein; or in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Page 84 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Page 356 - An unqualified order or promise to pay is unconditional within the meaning of this Act, though coupled with: 1. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or 2. A statement of the transaction which gives rise to the instrument; but an order or promise to pay out of a particular fund is not unconditional.
Page 716 - The object was to insure that a person should not be compelled, when acting as a witness in any investigation, to give testimony which might tend to show that he himself had committed a crime. The privilege is limited to criminal matters, but it is as broad as the mischief against which it seeks to guard.
Page 356 - Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Page 298 - No judicial officer, except justices of the peace, shall receive to his own use any fees or perquisites of office...
Page 68 - Certainly, in the granting of injunctions, which is not a matter of right, but rests in the sound discretion of the court...
Page 574 - Company to recover damages for personal injuries alleged to have been sustained through the negligence of the defendant company in the operation of one of its street cars.
Page 339 - But no law shall ^ -authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Page 5 - The assent of two-thirds of the members elected to each branch of the Legislature shall be requisite to every bill appropriating the public moneys or property for local or private purposes.