Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York, Volume 15Baker, Voorhis & Company, 1891 |
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Results 6-10 of 88
Page 31
... delivered to Peale when he had complied with the terms of his contract ; that the con tract with Campbell was to be rescinded at the option of Peale . The obligation of Peale under this contract was mainly the payment , upon the ...
... delivered to Peale when he had complied with the terms of his contract ; that the con tract with Campbell was to be rescinded at the option of Peale . The obligation of Peale under this contract was mainly the payment , upon the ...
Page 41
... delivered upon a sale by sample , was fully equal to the sample , and was received and retained by the buyer . Held , that he could not defeat an action for the price by setting up defects in pack- ing and brands , and repacking and ...
... delivered upon a sale by sample , was fully equal to the sample , and was received and retained by the buyer . Held , that he could not defeat an action for the price by setting up defects in pack- ing and brands , and repacking and ...
Page 42
... delivered was fully up to the sample that was examined by the defendant when he made the purchase . There is no doubt that the sale was by sample . The defendant never offered to return the gum , which rose in market price after he ...
... delivered was fully up to the sample that was examined by the defendant when he made the purchase . There is no doubt that the sale was by sample . The defendant never offered to return the gum , which rose in market price after he ...
Page 59
... delivered to John Elsey , who filled the order , and shipped the oysters to Canham , who refused to receive them , saying that the man he dealt with is P. Ellsworth , whose name he then recollect- ed . The oysters were spoiled , and ...
... delivered to John Elsey , who filled the order , and shipped the oysters to Canham , who refused to receive them , saying that the man he dealt with is P. Ellsworth , whose name he then recollect- ed . The oysters were spoiled , and ...
Page 62
... delivered to a customer , was in- structed to bring back the goods if they were not paid for . The customer kept part of the clothes , but sent back the rest with a letter Feiber v . Manhattan Dist . Tel . Co. saying 62 COURT OF COMMON ...
... delivered to a customer , was in- structed to bring back the goods if they were not paid for . The customer kept part of the clothes , but sent back the rest with a letter Feiber v . Manhattan Dist . Tel . Co. saying 62 COURT OF COMMON ...
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Common terms and phrases
accident action was brought Adler affidavit agreement Albert Watson alleged amount answer applied authority award BOOKSTAVER Bowery Savings Bank cause of action charge City Court Civil Procedure claim Code common carrier complaint concurred contract contributory negligence corporation costs counsel court entered Court of Appeals damages Decided December decision defendant defendant's delivered demurrer denying a motion dismissed district court elevated railroad Elevated Railway entitled evidence facts favor fendant filed fraud ground held HOESEN injury issue J. F. DALY Judgment affirmed Judgment reversed jury justice landlord LARREMORE lease Lewis Seymour liable lien Mahopac Manhattan Manhattan Railway mechanic's lien ment mortgage negligence opinion order denying owner parties payment person plaint plaintiff premises proof purchase question Railroad Company reason refused rent res adjudicata respondent rule Special Term statute stockholder street tenant testimony thereof tion trial ordered trustees verdict Watts York
Popular passages
Page 158 - 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. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Page 475 - This is an action brought to recover damages for injuries sustained by the plaintiff through the alleged negligence of the defendant.
Page 17 - Affidavit above referred to, but as and for damages alleged to have been suffered by the Plaintiff by reason of the sale and conveyance made by the Defendant to one W.
Page 289 - The testimony made out a prima facie case of negligence on the part of the...
Page 120 - ... together with all and singular, the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above described premises, and every part and parcel thereof, with the appurtenances.
Page 74 - An adjudication is final and conclusive not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have...
Page 571 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
Page 180 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.
Page 429 - When it is objected at the trial, and appears by the evidence, that the action is brought in the wrong county, or township, or city...
Page 494 - In this case the plaintiff undertook to make a bust which should be satisfactory to the defendant. The case shows that she was not satisfied with it. The plaintiff has not yet then fulfilled his contract. It is not enough to say that she ought to be satisfied with it, and that her dissatisfaction is unreasonable. She, and not the court, is entitled to judge of that. The contract was not to make one that she ought to be satisfied with.