The New York Supplement, Volume 170West Publishing Company, 1918 - Law reports, digests, etc "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
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Results 1-5 of 99
Page 1
... VERDICT OUT OF PROPORTION TO DAMAGES PROVEN . In an action on a series of notes aggregating $ 8,000 , where jury found that plaintiff was guilty of fraud in representing the financial standing of the company , and defendant showed that ...
... VERDICT OUT OF PROPORTION TO DAMAGES PROVEN . In an action on a series of notes aggregating $ 8,000 , where jury found that plaintiff was guilty of fraud in representing the financial standing of the company , and defendant showed that ...
Page 2
... verdict in favor of defendant for $ 50 , and he moves for a new trial , on the ground that the verdict is insufficient and is against the weight of the evidence . The proof of defendant's damages was practically undisputed . He showed ...
... verdict in favor of defendant for $ 50 , and he moves for a new trial , on the ground that the verdict is insufficient and is against the weight of the evidence . The proof of defendant's damages was practically undisputed . He showed ...
Page 4
... VERDICT . Where the jury found a larger sum as damages to property from subway construction than the amount admitted to be necessary for re- pairs , there was an implied finding that there was depreciation in market value . 4. EVIDENCE ...
... VERDICT . Where the jury found a larger sum as damages to property from subway construction than the amount admitted to be necessary for re- pairs , there was an implied finding that there was depreciation in market value . 4. EVIDENCE ...
Page 5
... verdict for $ 5,000 . What the motive that influenced a jury in arriving at its verdict may be is as inconsequential as it is conjectural , but from the verdict itself certain deductions may be drawn with legal accuracy . As from this ...
... verdict for $ 5,000 . What the motive that influenced a jury in arriving at its verdict may be is as inconsequential as it is conjectural , but from the verdict itself certain deductions may be drawn with legal accuracy . As from this ...
Page 6
showed substantial , not theoretical , injury to property . While the verdict of a jury should ordinarily be regarded as definite , yet there may be verdicts which through error or mistake , or disregard of the evidence , operate as an ...
showed substantial , not theoretical , injury to property . While the verdict of a jury should ordinarily be regarded as definite , yet there may be verdicts which through error or mistake , or disregard of the evidence , operate as an ...
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Common terms and phrases
affirmed agreement alleged amount Appellate Division Appellate Term attorney authority bank BIJUR bonds cause of action cent charge claim Code Civ commission Company complaint concur construction contract corporation costs counsel counterclaim damages death decedent deed defendant appeals defendant's delivered demurrer Digests & Indexes dismissed employés entitled evidence ex rel executors fact fendant filed fraud granted injury issue jury justice Key-Numbered Digests land Law Consol lease liability lien ment Misc mortgage motion N. Y. Supp negligence Nellie Tholens notice owner paid parties payment person plaintiff pleadings possession premises proceeding proof purchase question railroad reason recover refused respondent reversed Savage Arms Company SHEARN Special Term statute street Supreme Court Surrogate's Court testator testified testimony thereof tiff tion topic & KEY-NUMBER Trial Term trust verdict William Z York City York County
Popular passages
Page 255 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision.
Page 15 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Page 591 - It Is now very well settled that a corporation cannot avail itself of the defense of ultra vires when the contract has been in good faith fully performed by the other party, and the corporation has had the full benefit of the performance and of the contract.
Page 651 - ... it depends in each case on the terms of the contract and the circumstances of the case...
Page 658 - For wrongs done to the property, rights or interests of another, for which an action might be maintained against the wrongdoer, such action may be brought by the person injured, or after his death, by his executors or administrators against such wrong-doer, and after his death, against his executors or administrators in the same manner and with the like effect in all respects as actions founded upon contract.
Page 658 - The right of action now existing to recover damages for injuries resulting in death, shall never be abrogated; and the amount recoverable shall not be subject to any statutory limitation.
Page 647 - The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance. But in that case he keeps the contract alive for the benefit of the other party as well as his own...
Page 700 - That any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this act, shall to that extent be void...
Page 493 - ... the meaning of any provision of this act, which limits the time for commencing an action, when the summons is served on him; or on a co-defendant who Is a joint contractor, or otherwise united in interest with him.
Page 286 - To the above named defendant : You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer on the plaintiff's attorney within twenty days after the service of this summons, exclusive of the day of service ; and in case of your failure to appear or answer, judgment will be taken against you by default, for the relief demanded in the complaint.