Miscellaneous Reports. Cases Decided in the Courts of Record of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Volume 37Lawyers Co-operative Publishing Company, 1902 - Law reports, digests, etc "Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly) |
From inside the book
Results 1-5 of 95
Page 10
... objection to the question was sustained . It seems to me that this was substantial error . It may be probable that the jury did not believe Whit- ney at all , for experience and history show that men of the kind and character his ...
... objection to the question was sustained . It seems to me that this was substantial error . It may be probable that the jury did not believe Whit- ney at all , for experience and history show that men of the kind and character his ...
Page 36
... objection that a complaint does not state facts sufficient to constitute a cause of action is not good on demurrer if the com- plaint states a cause of action either legal or equitable . DEMURRER to complaint . W. Benton Crisp , for ...
... objection that a complaint does not state facts sufficient to constitute a cause of action is not good on demurrer if the com- plaint states a cause of action either legal or equitable . DEMURRER to complaint . W. Benton Crisp , for ...
Page 38
... objection that the plaintiff has an adequate remedy at law does not help the demurrer , for if his complaint states facts suffi- cient to constitute a cause of action it matters not whether it is legal or equitable . Pom . Code Rem ...
... objection that the plaintiff has an adequate remedy at law does not help the demurrer , for if his complaint states facts suffi- cient to constitute a cause of action it matters not whether it is legal or equitable . Pom . Code Rem ...
Page 54
... objections to final accounts . C. & T. Perry ( Albert G. McDonald , of counsel ) , for executor . James McLaughlin , for contestant . Timothy J. Kirwin , Thomas F. Magner , for Anna Monahan . John A. Clarry , special guardian , for ...
... objections to final accounts . C. & T. Perry ( Albert G. McDonald , of counsel ) , for executor . James McLaughlin , for contestant . Timothy J. Kirwin , Thomas F. Magner , for Anna Monahan . John A. Clarry , special guardian , for ...
Page 56
... objected very strongly to this payment , quoting the familiar principle that where executors speculated with a fund they are not allowed to derive the profit therefrom . The correctness of their proposition of law and the necessity of ...
... objected very strongly to this payment , quoting the familiar principle that where executors speculated with a fund they are not allowed to derive the profit therefrom . The correctness of their proposition of law and the necessity of ...
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Common terms and phrases
administrator affirmed agreement alleged amount appears appellant application April assignment assignor attorney authority Bank beneficiary benefit cause of action certificate charge claim clause Code Company complaint constitution contract corporation Cortland County costs counsel court of equity creditors death debt deceased decree defendant defendant's demurrer denied dollars duly entitled evidence ex rel execution executors facts February fendant fraud fund granted held indictment interest issue January judgment jurisdiction Kings County lease legacies legatee liable lien March Matter ment Metropolitan Street Railway Misc mortgage motion N. Y. Supp Nathan E paid parties payment person petitioner plaintiff proceedings proof question real estate reason received referred Rensselaer County respondent Saratoga County statute Steuben County Supreme Court Surrogate's Court testator testatrix thereof tion transfer trial trustee verdict York County York Special Term
Popular passages
Page 799 - As between immediate parties, and as regards a remote party other than a holder in due course, the delivery, in order to be effectual, must be made either by or under the authority of the party making, drawing, accepting, or indorsing, as the case may be; and in such case the delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument.
Page 81 - ... a person shall be deemed insolvent within the provisions of this act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts.
Page 230 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Page 800 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Page 800 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Page 467 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to my beloved wife, to have and to hold to her, my said wife, and to her heirs and assigns forever.
Page 30 - But a marriage shall not be annulled on the ground of force or duress, if it appears that, at any time before the commencement of the action, the parties thereto voluntarily cohabited as husband and wife; or on the ground of fraud, if it appears that, at any time before the commencement thereof, the parties voluntarily cohabited as husband and wife, with a full knowledge of the facts constituting the fraud.
Page 446 - When property is transferred in trust or otherwise and the rights, interests or estates of the transferees are dependent upon contingencies or conditions whereby they may be wholly or in part created, defeated, extended or abridged...
Page 226 - We think it is a settled principle, growing out of the nature of well-ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 226 - All property in this Commonwealth is .... held subject to those general regulations which are necessary to the common good and general welfare. Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the legislature, under the governing and controlling power...