Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 132New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels Lawyers Co-operative Publishing Company, 1892 - Law reports, digests, etc |
From inside the book
Results 1-5 of 74
Page 8
... Special Term , and awarded to the plaintiff the relief demanded in the complaint . Action by the vendor of lands to compel the vendee to per- form his agreement to purchase and pay for the same . December 21 , 1888 , the parties entered ...
... Special Term , and awarded to the plaintiff the relief demanded in the complaint . Action by the vendor of lands to compel the vendee to per- form his agreement to purchase and pay for the same . December 21 , 1888 , the parties entered ...
Page 22
... Special Term to amend the complaint , which was denied . Held , no error ; that it was discretionary with the court and the manner of its exercise would not be reviewed in this court . ( Argued December 2 , 1891 ; decided March 8 , 1892 ...
... Special Term to amend the complaint , which was denied . Held , no error ; that it was discretionary with the court and the manner of its exercise would not be reviewed in this court . ( Argued December 2 , 1891 ; decided March 8 , 1892 ...
Page 29
... Special Term to amend the complaint . This request was also denied . The disposition of such an application rests so largely in the discretion of a trial court that the manner of its exercise after an affirmance by the General Term will ...
... Special Term to amend the complaint . This request was also denied . The disposition of such an application rests so largely in the discretion of a trial court that the manner of its exercise after an affirmance by the General Term will ...
Page 31
... Special Term confirming the report of a referee , and the other affirmed an interlocutory order modifying the report of said referee . The nature of the action and the facts , so far as material , are stated in the opinion . W. H. ...
... Special Term confirming the report of a referee , and the other affirmed an interlocutory order modifying the report of said referee . The nature of the action and the facts , so far as material , are stated in the opinion . W. H. ...
Page 32
... special proceeding , but a motion made at chambers . Section 3240 of the Code provides that costs are in the discretion of the court when they are not regulated by law . This action is for partition , and is regulated by law , and the ...
... special proceeding , but a motion made at chambers . Section 3240 of the Code provides that costs are in the discretion of the court when they are not regulated by law . This action is for partition , and is regulated by law , and the ...
Contents
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Other editions - View all
Common terms and phrases
affirmed a judgment agreement alleged amount APPEAL from judgment appellant April 19 Argued March assignment Bank Barb boat BRADLEY cause of action certificate chap charge Civil Procedure claim Code Civ commissioner complaint concur contract conveyed court of equity covenant damages death decided March deed defendant defendant's easement entered entitled evidence execution executors facts FOLLETT fraud girders HAIGHT held highway indorsed injury insured John John Emmons Judgment affirmed judgment in favor judicial department jury land LANDON lease lessee liable LXXXVII March 15 March 22 Mayor ment mortgage negligence Opinion owner paid PARKER parties payment performance person plaintiff Port Jervis possession premises question real estate received recover reference rent respondent reversed Seneca nation SICKELS-VOL Smith Special Term Statement statute Statute of Frauds Supreme Court testator thereof tion trial court trustees VANN verdict Wend
Popular passages
Page 475 - 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.
Page 293 - This is an appeal from a judgment in favor of plaintiff, and from an order denying the defendant's motion for a new trial. The action was brought to recover damages for the alleged conversion of certain cattle.
Page 445 - ... and every corporation whose railroad is, or shall be hereafter, intersected by any new railroad, shall unite with the owners of such new railroad in forming such intersections and connections, and grant facilities therefor; and if the two corporations cannot agree upon the amount of compensation...
Page 96 - Majesty's dominions, or, in the case of a foreign ship, in the country to which such ship may belong, as a physician, surgeon, or apothecary, nor unless his name shall have been notified to the emigration officer at the port of clearance, and shall not be objected to by him...
Page 136 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple; or if the subject of insurance be personal property and be or become incumbered by a chattel mortgage...
Page 389 - Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated person...
Page 204 - In this case the plaintiff was not satisfied with a recovery based on the value of the trees destroyed, after separation from the realty, of which they formed a part — as indeed he should not have been, as such value was little or nothing — so he sought to obtain the loss occasioned to the land...
Page 518 - ... or by an officer or agent of a corporation or banking association, in the course of his employment as such, or by any factor, agent, broker, or other person in a fiduciary capacity, or for any misconduct or neglect in office or in a professional employment.
Page 184 - The plaintiff gave evidence of malice when she proved the falsity of the libelous publication, and in the absence of evidence on the part of the defendant tending to show that it had neither the desire nor the intention to wrong her, it would have been the duty of the court to instruct the jury that the plaintiff might be awarded exemplary damages in their discretion.
Page 187 - The nature of the action and the facts, so far as material, are stated in the opinion.