Reports of Cases Decided in the Court of Appeals of the State of New York, Svazek 114New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels Lawyers Co-operative Publishing Company, 1889 |
Obsah
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action was brought affirmed a judgment agent agreement alleged amount APPEAL from judgment appears April 23 Argued March assignment authority Barb bill bona fide purchaser bonds BRADLEY BROWN chap charge claim Code commissioners complaint concur contract contractor contributory negligence court of equity creditors damages debt defendant defendant's Denio draft duty Eldred Bank entered entitled equity evidence ex rel executed fact firm FOLLETT HAIGHT held hemp Henry Morgan Homer Ramsdell indorsed interest issue Joseph Hayden judgment in favor judicial department jury land liability lien LXIX matter ment mortgage negligence Opinion Owasco lake owner paid parties payment person plaintiff possession premises proceeding purchaser question railroad company received rendered request respondent SICKELS-VOL Smith Springport Statement statute stipulation street Suprs Term thereof tion town auditors Town of Solon trial court VANN verdict void Wend
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Strana 308 - ... unless the intent to pass a less estate or interest, shall appear by express terms, or be necessarily implied in the terms of such grant.
Strana 560 - Where there is no answer, the judgment shall not be more favorable to the plaintiff, than that demanded in the complaint. Where there is an answer, the court may permit the plaintiff to take any judgment, consistent with the case made by the complaint, and embraced within the issue.
Strana 120 - If any person whose husband or wife shall have absented himself or herself for the space of five successive years, without being known to such person to be living during that time, shall marry during the life-time of such absent husband or wife, the marriage shall be void only from the time that its nullity shall be pronounced by a court of competent authority.
Strana 587 - ... according to our best information; and that, with the exception of those cases in which the value of the said real estate has been changed by reason of proof produced before us, we have estimated the value of the said real estate at the sums which a majority of the assessors have decided to be the full value thereof...
Strana 172 - ... with the intent of giving a preference to any particular creditor over other creditors of the corporation shall be valid.
Strana 559 - In any other case, that the defendant will at all times render himself amenable to any mandate which may be issued to enforce a final judgment against him in the action.
Strana 256 - ... evidence that the sale and all proceedings prior thereto, from and including the assessment of the...
Strana 106 - This action was brought to recover damages resulting from personal injuries suffered by the plaintiff, alleged to have been occasioned by the negligence of the defendant The...
Strana 35 - In the case of a running account between parties, where there are various items of debit on one side and of credit on the other, occurring at different times, and no special appropriation of payments, constituting the credits, has been made by either party, the successive payments and credits are to be applied in discharge of the items of debit antecedently due in the order of time in which they stand in the account. In other words, each item of payment or credit is applied in extinguishment of the...
Strana 217 - After the plaintiff had given his evidence, the defendant moved to dismiss the complaint upon the ground that there was no proof of any authority on the part of the president to make the contract.