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 87
Page 26
... referred by the justice then presiding to me for determination why the judgment herein , entered on the 10th of September , 1901 , annulling a marriage , should not be vacated and set aside as being fraudulent , collu- sive , in ...
... referred by the justice then presiding to me for determination why the judgment herein , entered on the 10th of September , 1901 , annulling a marriage , should not be vacated and set aside as being fraudulent , collu- sive , in ...
Page 32
... referred to at pp . 109 et seq . The mere fact that in the past plaintiffs have al- most invariably set forth in complaints the falsity of the libelous matter and the malice of the publisher is no good reason for con- tinuing a bad ...
... referred to at pp . 109 et seq . The mere fact that in the past plaintiffs have al- most invariably set forth in complaints the falsity of the libelous matter and the malice of the publisher is no good reason for con- tinuing a bad ...
Page 49
... referred to . Acting upon that ordinance the board of con- tract and supply , on September 21 , 1900 , advertised that it would at a time named receive sealed proposals for resurfacing Madison avenue , etc. , in accordance with the ...
... referred to . Acting upon that ordinance the board of con- tract and supply , on September 21 , 1900 , advertised that it would at a time named receive sealed proposals for resurfacing Madison avenue , etc. , in accordance with the ...
Page 68
... referred to here as authorities against the plaintiff , though cited by his counsel . The bills are regular upon their face and , as there is no con- stitutional defect shown , the motion is denied and the injunctive provision vacated ...
... referred to here as authorities against the plaintiff , though cited by his counsel . The bills are regular upon their face and , as there is no con- stitutional defect shown , the motion is denied and the injunctive provision vacated ...
Page 75
... referred to went into effect , but the action is based upon the contract evi- denced by this constitution , and by no other paper , and he clearly came within the general provisions requiring " every one who desired benefits to apply ...
... referred to went into effect , but the action is based upon the contract evi- denced by this constitution , and by no other paper , and he clearly came within the general provisions requiring " every one who desired benefits to apply ...
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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...