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 91
Page 7
... thereof , if any , I give and devise to my said children or their heirs respectively , to be divided in equal shares . between them . " In an action for the specific performance of a contract for the purchase of land which formed part ...
... thereof , if any , I give and devise to my said children or their heirs respectively , to be divided in equal shares . between them . " In an action for the specific performance of a contract for the purchase of land which formed part ...
Page 10
... thereof , if any , I give and devise to my said children , or their heirs , respect- ively , to be divided in equal shares between them . " appointed his wife sole executrix . He At the date both of his will and of his death , he owned ...
... thereof , if any , I give and devise to my said children , or their heirs , respect- ively , to be divided in equal shares between them . " appointed his wife sole executrix . He At the date both of his will and of his death , he owned ...
Page 12
... thereof have provided for or authorized , " and such an estate cannot be adjudged void in its creation because it is thus liable to be defeated . ( 4 R. S. [ 8th ed . ] p . 2434 , §§ 32 , 33 ; Terry v . Wiggins , 47 N. Y. 512 , 518 ...
... thereof have provided for or authorized , " and such an estate cannot be adjudged void in its creation because it is thus liable to be defeated . ( 4 R. S. [ 8th ed . ] p . 2434 , §§ 32 , 33 ; Terry v . Wiggins , 47 N. Y. 512 , 518 ...
Page 24
... thereof by Miles O'Brien to him pursuant to the order of the court . It further averred that during the time said assigned prop- erty was in the possession of O'Brien , the assignee , the defend- ant in this action , as sheriff of the ...
... thereof by Miles O'Brien to him pursuant to the order of the court . It further averred that during the time said assigned prop- erty was in the possession of O'Brien , the assignee , the defend- ant in this action , as sheriff of the ...
Page 32
... thereof and not hostile thereto , and cannot change the terms and provisions thereof . ( Redf . Sur . Pr . 352 ; Adair v . Brimmer , 74 N. Y. 539 ; Wilcox v . Smith , 26 Barb . 340. ) Applying the argument reductio ad absurdum to this ...
... thereof and not hostile thereto , and cannot change the terms and provisions thereof . ( Redf . Sur . Pr . 352 ; Adair v . Brimmer , 74 N. Y. 539 ; Wilcox v . Smith , 26 Barb . 340. ) Applying the argument reductio ad absurdum to this ...
Contents
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643 | |
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.