Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 130New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels Lawyers Co-operative Publishing Company, 1892 - Law reports, digests, etc |
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Results 1-5 of 91
Page 8
... evidence of a fact does not shift the burden of proof . ( Heinman v . Heard , 62 N. Y. 448. ) The failure of plaintiff to produce the witnesses Henderson and Van Valkenburgh , as witnesses in his behalf , were strong cir- cumstances ...
... evidence of a fact does not shift the burden of proof . ( Heinman v . Heard , 62 N. Y. 448. ) The failure of plaintiff to produce the witnesses Henderson and Van Valkenburgh , as witnesses in his behalf , were strong cir- cumstances ...
Page 9
... evidence given upon the part of the defendant was sufficient to warrant the conclusion that the note had been obtained from him through a fraud practiced upon him by Henderson and Van Valkenburgh and the burden was thus cast upon the ...
... evidence given upon the part of the defendant was sufficient to warrant the conclusion that the note had been obtained from him through a fraud practiced upon him by Henderson and Van Valkenburgh and the burden was thus cast upon the ...
Page 15
... evidence to the effect that they bought and owned the lot ; that the other grantees conveyed to him , and that he became the sole owner . Defendants also , for the purpose of showing a lien on the premises , introduced in evidence a ...
... evidence to the effect that they bought and owned the lot ; that the other grantees conveyed to him , and that he became the sole owner . Defendants also , for the purpose of showing a lien on the premises , introduced in evidence a ...
Page 23
... evidence tending to sustain it . " ( Code C. P. § 3. ) The question upon the record before this court is not simply whether the plaintiff had proved her title when she rested , upon the trial of the case , but whether there was ...
... evidence tending to sustain it . " ( Code C. P. § 3. ) The question upon the record before this court is not simply whether the plaintiff had proved her title when she rested , upon the trial of the case , but whether there was ...
Page 24
... evidence , the defendants introduced in evidence a mortgage upon the premises described in the complaint made by Augusta Eising ( one of the predecessors in the plaintiff's title ) to John W. Stevens on December 31 , 1878 , to prove ...
... evidence , the defendants introduced in evidence a mortgage upon the premises described in the complaint made by Augusta Eising ( one of the predecessors in the plaintiff's title ) to John W. Stevens on December 31 , 1878 , to prove ...
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Common terms and phrases
affirmed a judgment Agree to affirm alleged amount APPEAL from judgment appeared appellant application Argued October assignment authority Bank Barb BRADLEY BROWN cause of action chap claim Code Civ complaint concur construction contract conveyance conveyed corporation creditors December 22 decided December deed defendant defendant's easement entitled evidence execution fact favor of plaintiff filed foreclosure fountain pens granted HAIGHT held intended January 20 Judgment affirmed judgment in favor judicial department jury Knights of Labor land liable lien LXXXV Mayor ment mortgage October 27 Opinion owner paid parties payment performance person plaintiff entered Pocantico river premises provision purchase purpose question R. R. Co railroad real estate referee refused residuary estate respondent Rhinelander SICKELS-VOL Smith Statement statute street Supreme Court testator thereof tiff Tilden Trust tion trial court usury valid VANN verdict vested Wend York
Popular passages
Page 491 - This company shall not be held to have waived any provision or condition of this policy, or any forfeiture thereof by any requirement, act, or proceeding on Its part relating to the appraisal or to any examination herein provided for...
Page 297 - ... shall descend to the heirs, or pass to the devisees of the testator, subject to the execution of the power.23 Section 77 was formerly i Revised Statutes, 729, section 56: § 56. A devise of lands to executors or other trustees, to be sold or mortgaged...
Page 225 - No association shall make any loan or discount on the security of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith...
Page 226 - Such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its dealings. Fourth. Such as it shall purchase at sales under judgments, decrees, or mortgages held by the association, or shall purchase to secure debts due to it...
Page 41 - Trusts herein directed to be constituted, or such portion thereof as they may not deem it expedient to apply to its use, to such charitable, educational, and scientific purposes as in the judgment of my said Executors and Trustees will render the said rest, residue, and remainder of my property most widely and substantially beneficial to the interests of mankind.
Page 712 - The commissioners of the land office shall have power to grant in perpetuity or otherwise, so much of the lands under the waters of navigable rivers or lakes, as they shall deem necessary to promote the commerce of this State, or proper for the purpose of beneficial enjoyment of the same by the adjacent owner...
Page 190 - That the court erred in submitting to the Jury the question as to whether the act of Congress passed March 2, 1893, 'c.
Page 87 - The assent of two-thirds of the members elected to each branch of the Legislature, shall be requisite to every bill appropriating the public moneys or property for local or private purposes.
Page 315 - After the expiration of one year from the death of a party, against whom a final judgment for a sum of money...
Page 486 - ... first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree shall submit their differences to the umpire; and the award in writing of any two shall determine the amount of such loss; the parties thereto shall pay the appraiser respectively selected by them and shall bear equally the expenses of the appraisal and umpire.