Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volume 67 |
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Page 28
V. The court held , as a matter of law , that the defendant was entitled to a verdict ,
and refused to submit any question to the jury , and directed a verdict for the
defendant , to which , as to all of the other rulings on the trial , the plaintiff's
counsel ...
V. The court held , as a matter of law , that the defendant was entitled to a verdict ,
and refused to submit any question to the jury , and directed a verdict for the
defendant , to which , as to all of the other rulings on the trial , the plaintiff's
counsel ...
Page 45
The People ( 43 N. Y. , 1 ) it was held that instructions given to the jury by the
presiding justice , in the absence of the prisoner , was error , although his
counsel was present consenting ; but it was upon the ground that the statute
declares that ...
The People ( 43 N. Y. , 1 ) it was held that instructions given to the jury by the
presiding justice , in the absence of the prisoner , was error , although his
counsel was present consenting ; but it was upon the ground that the statute
declares that ...
Page 59
That there was no necessity for requesting the judge to submit any question to
the jury . That assuming the proof to have been that 24 per cent . per annum was
paid for the discount , then the defence was made out ; and if there was no proof
...
That there was no necessity for requesting the judge to submit any question to
the jury . That assuming the proof to have been that 24 per cent . per annum was
paid for the discount , then the defence was made out ; and if there was no proof
...
Page 60
The jury rendered a verdict in favor of the plaintiffs for $ 5,047 . The other
exception was to the exclusion of the question , “ What was the discount , " asked
of the witness Altenbrand . The legal interest for the whole period would have
been ...
The jury rendered a verdict in favor of the plaintiffs for $ 5,047 . The other
exception was to the exclusion of the question , “ What was the discount , " asked
of the witness Altenbrand . The legal interest for the whole period would have
been ...
Page 61
... to elicit the proof . It seems , therefore , that taking either horn of the dilemma ,
the plaintiffs cannot maintain this judgment . It does not affect this view that the
defendants did not request the presiding judge to submit any question to the jury .
... to elicit the proof . It seems , therefore , that taking either horn of the dilemma ,
the plaintiffs cannot maintain this judgment . It does not affect this view that the
defendants did not request the presiding judge to submit any question to the jury .
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Page 55 - Ed.) § 452, that the principal is to be 'held liable to third persons in a civil suit for the frauds, deceits, concealments, misrepresentations, torts, negligences and other malfeasances or misfeasances and omissions of duty of his agent In the course of his employment, although the principal did not authorize, or Justify or participate In, or indeed know of such misconduct, or even if he forbade the acts or disapproved of them.
Page 546 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 69 - Where any building, which is leased or occupied, is destroyed or so injured by the elements, or any other cause as to be untenantable, and unfit for occupancy, and no express agreement to the contrary has been made in writing, the lessee or occupant may, if the destruction or injury occurred without his fault or neglect, quit and surrender possession of the leasehold premises...
Page 262 - ... shall be jointly and severally liable for all the debts of the company, then existing, and for all that shall be contracted before such report shall be made.
Page 368 - ... that nothing in this provision shall be taken to alter, take away or lessen the effect of a part payment of principal or interest ; and it may be contended that the effect of these two sections is to exclude all parol evidence whatever bearing upon an acknowledgment or new promise...
Page 481 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 262 - If the directors of any such company shall declare and pay any dividend, when the company is insolvent, or any dividend the payment of which would render it insolvent, they shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be thereafter contracted so long as they shall respectively continue in office...
Page 547 - When the action is between herself and her husband, she may sue or be sued alone; 3.
Page 546 - One reason for which may be this: that the inferior hath no kind of property in the company, care, or assistance of the superior, as the superior is held to have in those of the inferior; and therefore the inferior can suffer no loss or injury...
Page 368 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some •writing signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.
Bibliographic information
| Title | Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volume 67 |
| Author | Oliver Lorenzo Barbour |
| Contributor | New York (State). Supreme Court |
| Publisher | Gould, Banks & Gould, 1889 |
| Original from | Harvard University |
| Digitized | 7 Jul 2007 |
| Export Citation | BiBTeX EndNote RefMan |