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 89
Page 13
... proving the value of his services as such , he was permitted to prove , under objection and exception , that in order to care for his child he gave up a lucrative business engagement and also to prove the amount of the agreed ...
... proving the value of his services as such , he was permitted to prove , under objection and exception , that in order to care for his child he gave up a lucrative business engagement and also to prove the amount of the agreed ...
Page 14
... prove the expense actually incurred by him for medicines in the cure of his child ; such damage had been alleged in complaint . ( 115 N. Y. 638 ; Cumming v . R. R. Co. , 109 N. Y. 95 ; Orbann v . P. T. Co. , 11 Cent . Rep . 628 ; Crook ...
... prove the expense actually incurred by him for medicines in the cure of his child ; such damage had been alleged in complaint . ( 115 N. Y. 638 ; Cumming v . R. R. Co. , 109 N. Y. 95 ; Orbann v . P. T. Co. , 11 Cent . Rep . 628 ; Crook ...
Page 18
... prove a debt from the contractor for the identical materials used to build the owner's houses . ( 4 R. S. [ 8th ed . ] 2693. ) As the contract is entire the money did not become due or remain unpaid , according to the written contract ...
... prove a debt from the contractor for the identical materials used to build the owner's houses . ( 4 R. S. [ 8th ed . ] 2693. ) As the contract is entire the money did not become due or remain unpaid , according to the written contract ...
Page 22
... proved . This was objected to and refused . Held , no error ; as the effect of the amendment would be to allow a recovery upon an entirely different cause of action and this may not be done against an objection . After the court had ...
... proved . This was objected to and refused . Held , no error ; as the effect of the amendment would be to allow a recovery upon an entirely different cause of action and this may not be done against an objection . After the court had ...
Page 25
... prove to be without support in law . The assignee's proposals ripened into an arrangement by which the sheriff was permitted to retain the surplus , which exceeded ten thousand dollars , and in addition the assignee paid over to him ...
... prove to be without support in law . The assignee's proposals ripened into an arrangement by which the sheriff was permitted to retain the surplus , which exceeded ten thousand dollars , and in addition the assignee paid over to him ...
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.