Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 197 |
From inside the book
Results 1-5 of 100
Page 2
... clerk of the county of New York on the 14th day of December , 1920 , as resettled by an order entered in said clerk's office on the 30th day of December , 1920 , dismissing the complaint on defendant's motion for judgment on the ...
... clerk of the county of New York on the 14th day of December , 1920 , as resettled by an order entered in said clerk's office on the 30th day of December , 1920 , dismissing the complaint on defendant's motion for judgment on the ...
Page 6
... clerk of the county of New York on the 18th day of February , 1921 , granting relator's motion for a peremptory writ of mandamus requiring respondent to return or pay over to the relator $ 16,000 , deposited by him with a bid for con ...
... clerk of the county of New York on the 18th day of February , 1921 , granting relator's motion for a peremptory writ of mandamus requiring respondent to return or pay over to the relator $ 16,000 , deposited by him with a bid for con ...
Page 16
... clerk of the county of New York on the 1st day of December , 1920 , on the verdict of a jury for $ 1,500 , and also from an order entered in said clerk's office on the same day denying defendant's motion for a new trial made upon the ...
... clerk of the county of New York on the 1st day of December , 1920 , on the verdict of a jury for $ 1,500 , and also from an order entered in said clerk's office on the same day denying defendant's motion for a new trial made upon the ...
Page 29
... clerk of the county of New York on the 7th day of January , 1921 , appointing Robert Lee Morrell sole trustee of ... clerk's office on the 5th day of Janu- ary , 1921 , denying a motion for a reargument and to vacate said first order and ...
... clerk of the county of New York on the 7th day of January , 1921 , appointing Robert Lee Morrell sole trustee of ... clerk's office on the 5th day of Janu- ary , 1921 , denying a motion for a reargument and to vacate said first order and ...
Page 54
... clerk of the county of New York on the 22d day of March , 1921 , granting defendant's motion to retax costs and directing that costs heretofore taxed be modified . Robert Moers [ Robert I. Rogin with him on the brief ] , for the ...
... clerk of the county of New York on the 22d day of March , 1921 , granting defendant's motion to retax costs and directing that costs heretofore taxed be modified . Robert Moers [ Robert I. Rogin with him on the brief ] , for the ...
Contents
xlix | |
lii | |
lv | |
lvi | |
lvii | |
lxii | |
lxviii | |
lxx | |
365 | |
373 | |
381 | |
387 | |
388 | |
391 | |
422 | |
423 | |
1 | |
6 | |
11 | |
13 | |
38 | |
39 | |
41 | |
51 | |
58 | |
75 | |
83 | |
92 | |
94 | |
109 | |
110 | |
111 | |
118 | |
119 | |
132 | |
136 | |
138 | |
143 | |
149 | |
153 | |
154 | |
159 | |
160 | |
161 | |
179 | |
181 | |
183 | |
186 | |
196 | |
197 | |
199 | |
201 | |
214 | |
223 | |
225 | |
231 | |
245 | |
254 | |
258 | |
259 | |
269 | |
270 | |
280 | |
283 | |
288 | |
294 | |
303 | |
310 | |
342 | |
355 | |
364 | |
434 | |
435 | |
437 | |
443 | |
446 | |
452 | |
453 | |
463 | |
464 | |
465 | |
469 | |
477 | |
483 | |
502 | |
503 | |
509 | |
535 | |
556 | |
562 | |
581 | |
601 | |
602 | |
609 | |
612 | |
623 | |
636 | |
652 | |
657 | |
661 | |
676 | |
690 | |
715 | |
722 | |
733 | |
742 | |
744 | |
754 | |
781 | |
786 | |
819 | |
825 | |
829 | |
832 | |
845 | |
855 | |
878 | |
900 | |
903 | |
909 | |
911 | |
912 | |
917 | |
948 | |
952 | |
Other editions - View all
Common terms and phrases
agreement alimony alleged amended amount appellant attorney bill of lading cause of action chap charge Civil Procedure claim claimant CLARKE clerk Code of Civil Commission complaint concur contract corporation costs and disbursements counsel damages death deceased defendant defendant's delivery demurrer denied dismissed dollars costs Dowling employer entitled evidence ex rel executed executors fact Fourth Department granted held Impleaded income injury Insurance interest issue Judgment and order July June jury Kentucky Derby Laughlin lease liable Lincoln Motor Company Matter ment Merrell and Greenbaum mortgage motion negligence opinion Order affirmed Order reversed paid parties payment person plaintiff premises proceedings purchase question reason received recover reference res adjudicata Respondent Second Department statute subd Supreme Court Surrogate's Court ten dollars costs tenant testator thereof Third Department trial truck verdict
Popular passages
Page 285 - The lands of the State, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed.
Page 26 - There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 834 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 833 - 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 on contract, any other cause of action on contract, existing at the commencement of the action.
Page 894 - Future estates are either vested or contingent. They are vested, when there is a person in being, who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate.
Page 631 - Every holder is deemed prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden ia on the holder to prove that he or some person under whom he claims, acquired the title as a holder in due course.
Page 815 - Immediately after such filing the commission shall send to the parties a copy of the decision. Upon a hearing pursuant to this section either party may present evidence and be represented by counsel. The decision of the commission shall be final as to all questions of fact, and, except as provided in section twenty-three, as to all questions of law.
Page 704 - Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city, has been passed by both branches of the Legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the...
Page 746 - The commission or any commissioner or any party may, in any investigation or hearing before the commission, cause the deposition of witnesses residing within or without the state to...
Page 631 - That the instrument is genuine and in all respects what it purports to be. 2. That he has a good title to it. 3. That all prior parties had capacity to contract. 4. That he has no knowledge of any fact which would Impair the validity of the instrument or render it valueless.