Reports of Cases Decided in the Court of Appeals of the State of New York, Svazek 171

affirming a judgment alleged amendment amount Appellate Division apply appointed April 15 Argued assignment Bank Barb BARTLETT cause of action checks claim Company complaint Concur Constitution contract contributory negligence corporation court of equity creditors CULLEN and WERNER damages debt deceased decided June decision defendant defendant's denying a motion depositor Dissenting opinion duty elected entitled estoppel evidence ex rel facts favor of plaintiff GRAY HAIGHT injury intestacy issue judge Judgment affirmed judgment in favor June 27 jury legislature liability MARTIN Matter Mayor ment motorman N. Y. Rep negligence O'BRIEN owner paid PARKER parties payment person plaintiff plaintiff entered Points of counsel question railroad reason recover relation res adjudicata residuary estate Respondent reversed Rudd rule Special Term Statement statute Supreme Court testator thereof tion town trial court trust VANN verdict York