Reports of Selected Cases Decided in Courts of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Volume 45
Lawyers Co-operative Publishing Company, 1905
"Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly)
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affirmed agreed agreement alleged amended amount answer Appellate Term application appointment assignment authority bridge brought cause of action charge Civil claim Code complaint constitute contained contract corporation costs counsel damages December defendant defendant's demurrer denied determination directed duty effect election entered entitled evidence execution executor fact favor filed final follows give given granted ground held injury intent interest issue John judge judgment jury justice lease letter Matter meaning ment Misc motion necessary negligence notice November objection October opinion owner paid parties payment person plaintiff pleading possession premises present proceedings proof provisions purchaser question railroad reason receiver recover referred refusal relation rendered respondent reversed rule served Special statute street sufficient Supreme Court taken thereof tion trial trust witness York
Page 445 - For Mr. Whistler's own sake, no less than for the protection of the purchaser, Sir Coutts Lindsay ought not to have admitted works into the gallery in which the ill-educated conceit of the artist so nearly approached the aspect of wilful imposture. I have seen, and heard, much of Cockney impudence before now ; but never expected to hear a coxcomb ask two hundred guineas for flinging a pot of paint in the public's face.
Page 205 - For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States ; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas ; nor while a student of any seminary of learning, nor while kept at any almshouse or other asylum at public expense ; nor while confined in any public prison.
Page 147 - Every negotiable instrument is deemed prima facie to have been issued for a valuable consideration ; and every person whose signature appears thereon to have become a party thereto for value.
Page 500 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as (1) are due as a tax levied by the United States, the State, county, district, or municipality in which he resides; (2) are liabilities for obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another...
Page 49 - No person shall be appointed or employed under any title not appropriate to the duties to be performed, and no person shall be transferred to, or assigned to perform the duties of, any position subject to competitive examination, unless he...
Page 13 - If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.
Page 569 - It is not that, in any case, negligence can be assumed from the mere fact of an accident and an injury ; but, in these cases, the surrounding circumstances which are necessarily brought into view by showing how the accident occurred contain, without further proof, sufficient evidence of the defendant's duty and of his neglect to perform it.
Page 200 - If irrelevant or redundant matter be inserted in a pleading, it may be stricken out, on motion of any person aggrieved thereby. And when the allegations of a pleading are so indefinite or uncertain that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain, by amendment.
Page 347 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.