Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 199 |
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Common terms and phrases
affd affidavit affirmative defense affirmed agreement alleged amount appellant attorney bank bill of lading breach bulkhead line buyer cause of action certificate chap Civil Procedure claim clerk Code of Civil Commission Company complaint concur contract corporation costs and disbursements counsel damages deceased December December 28 defendant defendant's delivered delivery denied dollars costs easement entitled evidence ex rel execution executor fact February granted interest issue January January 13 jurisdiction jury lease Matter Megargel motion negligence notice owner paid parties partnership payment Penal Law person plaintiff pleadings possession premises proceedings question reason received recover refused respondent Rockaway Point rule Second Department seller Special Term statute street subd supra Supreme Court Surrogate's Court tenant testator testified thereof Third Department trial trust verdict York
Popular passages
Page 570 - 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 868 - A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief; 2.
Page 629 - Where, under a contract to sell or a sale, the property in the goods has passed to the buyer, and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract or the sale, the seller may maintain an action against him for the price of the goods.
Page 395 - When the transfer is by will or intestate law, of property within the state, and the decedent was a nonresident of the state at the time of his death.
Page 134 - ... shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith...
Page 41 - ... valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.
Page 849 - In the case of a contract to sell or a sale of a specified article under its patent or other trade name, there is no implied warranty as to its fitness for any particular purpose.
Page 788 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Page 792 - One thing, however, is unquestionable ; the Constitution must have referred to a system of law co-extensive with, and operating uniformly in, the whole country. It certainly could not have been the intention to place the rules and limits of maritime law under the disposal and regulation of the several States, as that would have defeated the uniformity and consistency at which the Constitution aimed on all subjects of a commercial character affecting the intercourse of the States with each other or...
Page 395 - A tax shall be and is hereby imposed upon the transfer of any property, real or personal, of the value of five hundred dollars or over, or of any interest therein or income therefrom, in trust or otherwise, to persons or corporations not exempt by law from taxation on real or personal property, in the following cases : 1.