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 13
... effect that it was accepted " subject to financial ability ; " but thereafter the contractor was notified that the appropriation for the building of the school was insufficient and that the conditional award to him was withdrawn for the ...
... effect that it was accepted " subject to financial ability ; " but thereafter the contractor was notified that the appropriation for the building of the school was insufficient and that the conditional award to him was withdrawn for the ...
Page 58
... effect , and to stay the execution thereof " ( Laws of 1906 , chap . 508 ) . Section 1311 was not amended , except as it had been theretofore amended in a way not here material . ( See Laws of 1895 , chap . 946 ; Laws of 1899 , chap ...
... effect , and to stay the execution thereof " ( Laws of 1906 , chap . 508 ) . Section 1311 was not amended , except as it had been theretofore amended in a way not here material . ( See Laws of 1895 , chap . 946 ; Laws of 1899 , chap ...
Page 114
... effect to an improvement upon said existing invention , and that the defendant attempted to use said device but found it impracticable . Held , that the plaintiff was not entitled to recover , for at the time the contract was executed ...
... effect to an improvement upon said existing invention , and that the defendant attempted to use said device but found it impracticable . Held , that the plaintiff was not entitled to recover , for at the time the contract was executed ...
Page 116
... effect to an improvement upon the Hanlon invention . It follows from the concession that plaintiff was not entitled to any recovery . It appears without contradiction that Morange , the owner of the Hanlon patent , notified the defend ...
... effect to an improvement upon the Hanlon invention . It follows from the concession that plaintiff was not entitled to any recovery . It appears without contradiction that Morange , the owner of the Hanlon patent , notified the defend ...
Page 124
... effect of agreement between parties . Where the plaintiff leased wagons to the defendant under an oral agree- ment and the testimony of the parties was conflicting as to the sum which should be paid before title to the wagons should ...
... effect of agreement between parties . Where the plaintiff leased wagons to the defendant under an oral agree- ment and the testimony of the parties was conflicting as to the sum which should be paid before title to the wagons should ...
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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.