Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 133 |
Contents
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Common terms and phrases
affd agreement alleged amended amount appellant to abide attorney bank cause of action certificate chap charge Civil Procedure claim clerk committed complaint concurred contract contributory negligence corporation costs and disbursements counsel Court in favor damages defendant defendant's demurrer denied dissented dollars costs easement entered entitled evidence ex rel executor fact GAYNOR held INGRAHAM injury issue Judgment and order July July 13 June June 18 jury Kings County land LAUGHLIN lease liability lien Matter McComb MCLAUGHLIN ment mortgage motion negligence opinion Order affirmed owner paid parties payment person plaintiff premises proceeding purchase question railroad real property Realty reason received recover res adjudicata respondent Second Department Special Term statute street Supreme Court Surrogate's Court testator testified thereof Third Department tion trial granted trust verdict witness York
Popular passages
Page 660 - Owner shall also be at liberty to terminate the employment of the Contractor for the said work and to enter upon the premises and take possession, for the purpose of completing the work included under this contract, of all materials, tools and appliances thereon, and to employ any other person or persons to finish the work, and to provide the materials therefor...
Page 652 - ... 1. For a public offense committed or attempted in his presence; 2. When a person arrested has committed a felony, although not in his presence ; 3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it; 4.
Page 651 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as...
Page 38 - The rule that a penal statute is to be strictly construed does not apply to this Code or any of the provisions thereof, but all such provisions must be construed according to the fair import of their terms, to promote justice and effect the objects of the law.
Page 756 - Every executor, administrator or trustee shall have full power to sell so much of the property of the decedent as will enable him to pay such tax in the same manner as he might be entitled by law to do for the payment of the debts of the testator or intestate. Any such...
Page 659 - ... written notice to the contractor, to provide any such labor or materials, and to deduct the cost' thereof from any money then due or thereafter to become due to the contractor under...
Page 659 - ... finishing the work, such excess shall be paid by the Owner to the Contractor, but if such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred by the Owner as herein provided, either for furnishing materials or for finishing the work, and any damage incurred through such. default, shall be audited and certified by the Architects, whose certificate thereof shall be conclusive upon the parties.
Page 298 - Carolina until the further order of this court. And it is further ordered that a copy of this order be forthwith served upon each of the defendants herein.
Page 36 - A person who unsuccessfully attempts to commit a crime is indictable and punishable, unless otherwise specially prescribed by statute, as follows: "1. If the crime attempted is punishable by the death of the offender, or by imprisonment for life, the person convicted of the attempt is punishable by imprisonment for not more than twenty-five years.
Page 163 - On the part of the blacks it was pleaded, that the 'royal charter expressly declared all persons born or residing in the province to be as free as the king's subjects in Great Britain; that by the...