The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit, and District Courts, Appellate Courts of the Several States, State and City Courts of New York and English Courts, Volume 21McDivitt, Campbell & Company, 1885 |
From inside the book
Results 1-5 of 89
Page 14
... charge of the train , was also general foreman of repairs and charged with the duty of seeing that crossings were prop- erly cleaned and in safe condition , and this he had attempted to do . Held , that intestate in performing these ...
... charge of the train , was also general foreman of repairs and charged with the duty of seeing that crossings were prop- erly cleaned and in safe condition , and this he had attempted to do . Held , that intestate in performing these ...
Page 15
... charged with the duty of seeing that the crossings were properly cleaned and kept in safe condition for the passage of trains . He had charge of the train in question at the time of the ac- cident , and had attempted to per- form the ...
... charged with the duty of seeing that the crossings were properly cleaned and kept in safe condition for the passage of trains . He had charge of the train in question at the time of the ac- cident , and had attempted to per- form the ...
Page 19
... charge the above estate above conveyed with the payment thereof and which said several amounts , together with the interest , the said parties of the second part assume and agree to pay ; to Daniel De Freest about $ 600 , to Mrs. De ...
... charge the above estate above conveyed with the payment thereof and which said several amounts , together with the interest , the said parties of the second part assume and agree to pay ; to Daniel De Freest about $ 600 , to Mrs. De ...
Page 25
... charge the bank with notice unless he is acting for and in the business of the bank . Motion by defendants for new trial on exceptions taken at Cir- cuit and ordered heard here in first instance . Action against defendants as in ...
... charge the bank with notice unless he is acting for and in the business of the bank . Motion by defendants for new trial on exceptions taken at Cir- cuit and ordered heard here in first instance . Action against defendants as in ...
Page 26
... charge plaintiff with notice of their transactions with defendants , or qualify the presumption of plain- tiff's good faith . 55 N. Y. , 24 ; 73 id . , 226. See 18 W. Dig . , 538 . Motion denied and judgment on verdict ordered for ...
... charge plaintiff with notice of their transactions with defendants , or qualify the presumption of plain- tiff's good faith . 55 N. Y. , 24 ; 73 id . , 226. See 18 W. Dig . , 538 . Motion denied and judgment on verdict ordered for ...
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Common terms and phrases
action to recover action was brought affidavit agreement alleged amount Appeal from judgment applt appointed April 14 assignment attorney bank bond cause of action Chap charge claim commissioners complaint concur contract corporation costs COURT OF APPEALS creditors damages death debt deceased Decided April Decided Jan Decided March deed defendant defendant's duty entitled error evidence ex'r execution executors fact fendant FIFTH DEPT foreclosure FOURTH DEPT fraud granted ground Held injury intestate issued judg Judgment affirmed judgment debtor jury land lease liable lien March 27 ment mortgage motion N. Y. COURT N. Y. SUPREME COURT negligence Opinion Order affirmed owner paid parties payment person plain plaintiff premises proceedings promissory note purchase question real estate received referee refused respt Special Term statute statute of frauds surrogate tained testator thereof THIRD DEPT tiff tion trial trust verdict wife witness
Popular passages
Page 316 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 396 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Page 140 - Under the mere guise of police regulations, personal rights and private property cannot be arbitrarily invaded, and the determination of the Legislature is not final or conclusive.
Page 512 - 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; 2.
Page 140 - When a health law is challenged in the courts as unconstitutional, on the ground that it arbitrarily interferes with personal liberty and private property without due process of law, the courts must be able to see that it has at least in fact some relation to the public health, that the public health is the end actually aimed at, and that it is appropriate and adapted to that end.
Page 136 - But whenever the actual existence of any particular purpose, motive or intent is a necessary element to constitute a particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive or intent with which he committed the act.
Page 555 - And where, on the death of any person holding real estate, within the territories of one of the high contracting parties, such real estate would by the laws of the land descend on a citizen or subject of the other party, who by reason of alienage may be incapable of holding it, he shall be allowed...
Page 400 - It is furthermore hereby provided and mutually agreed, that no suit or action against this company, for the recovery of any claim by virtue of this policy, shall be sustainable in any Court of Law or Chancery until after an award shall have been obtained fixing the amount of such claim in the manner above provided...
Page 140 - A tenement house within the meaning of this article shall be taken to mean and include every house, building or portion thereof which is rented, leased, let or hired out to be occupied or is occupied as the home or residence of more than three families living independently of one another and doing their cooking upon the premises; or by more than two families upon a floor so living and cooking, but having a common right in the halls, stairways, yards, water-closets or privies or some of them.
Page 237 - The court, or a judge authorized to make an order in the action, may direct the party to deliver a further account, where the one delivered is defective. The court may, in any case, direct a bill of the particulars of the claim of either party to be delivered to the adverse party.