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88 New York action affirmed agreed agreement alleged allowed amount answer appeal apply appointed Argued attorney authority bank bond brought building cause charge claim Code complaint concur condition consideration contained contract corporation costs counsel damages defendant defendant's denied Department determine directed duty effect entered entitled evidence execution existence fact follows give given granted ground held intention interest issue judgment jury justice land liability matter ment mortgage motion N. Y. Supp notes notice November objection paid parties payment performance person plaintiff possession premises presented proceedings proof question reason received recover referred relator respondent reversed rule statute street sufficient Supreme Court taken term testified testimony thereof tion trial trust witness York State Reporter
Page 39 - The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election a,fter the happening of the vacancy.
Page 187 - 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 770 - This was, at least, a question of fact for the jury, and not one of law for the court.
Page 403 - On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages as would have arisen from the non-performance of the contract at the appointed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss.
Page 36 - Justices of the Peace and District Court Justices may be elected in the different cities of this State in such manner and with such powers, and for such terms, respectively, as are or shall be prescribed by law...
Page 196 - County Courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the...
Page 99 - If the jury believe from the evidence that there exists a reasonable doubt as to the sanity of the defendant at the time of the commission of the act charged in the indictment, they must acquit the defendant.
Page 775 - The income arising from this trust estate has been paid over to Mary E. Filon and_to her executors up to January 21, 1897, when she died, leaving a last will and testament, which was duly admitted to probate by the Surrogate's Court of the county of Monroe, and letters testamentary issued thereon to her three children, S.
Page 623 - Laws relating to the property, affairs or government of cities, and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes; special city laws are those which relate to a single city, or to less than all the cities of a class.