Reports of Cases Heard and Determined in the Court of Appeals of the State of New York Not Reported in the Official Series: From January, 1886, to [November, 1892], Volume 1Banks & Brothers, 1891 - Law reports, digests, etc |
From inside the book
Results 1-5 of 67
Page 41
... conclusion . 2. Evidence . Offer . - An offer to prove a fact , already sworn to and admitted in the case , is immaterial , and properly excluded . 3. Same . Compromise . - The admission of a distinct fact , which in itself tends to ...
... conclusion . 2. Evidence . Offer . - An offer to prove a fact , already sworn to and admitted in the case , is immaterial , and properly excluded . 3. Same . Compromise . - The admission of a distinct fact , which in itself tends to ...
Page 42
... conclusion we might have arrived at upon the evi- dence if presented to us as an original question , we do not feel authorized to review the determination of the tribunal specially selected by law to investigate and determine such ...
... conclusion we might have arrived at upon the evi- dence if presented to us as an original question , we do not feel authorized to review the determination of the tribunal specially selected by law to investigate and determine such ...
Page 52
... conclusion , but mistakes cannot be eliminated from the administration of justice by human tribunals . No more certainty in proof is required than is ordi- narily practicable ; and the competent proof , which will ordinarily satisfy a ...
... conclusion , but mistakes cannot be eliminated from the administration of justice by human tribunals . No more certainty in proof is required than is ordi- narily practicable ; and the competent proof , which will ordinarily satisfy a ...
Page 54
... conclusions of the court , appealed to the general term , where the judgment of the special term , was reversed , and a new trial was ordered for errors of law only . The plaintiff then appealed to this court . It is not disputed that ...
... conclusions of the court , appealed to the general term , where the judgment of the special term , was reversed , and a new trial was ordered for errors of law only . The plaintiff then appealed to this court . It is not disputed that ...
Page 58
... conclusions , do not deal with possi- bilities , but with probabilities . It may be that in reaching a conclusion adverse to Moore , a mistake has been made ; but mistakes cannot be eliminated from the administration of justice by human ...
... conclusions , do not deal with possi- bilities , but with probabilities . It may be that in reaching a conclusion adverse to Moore , a mistake has been made ; but mistakes cannot be eliminated from the administration of justice by human ...
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Common terms and phrases
abide the event action was brought admission affirmed agent agreement alleged allowed amount amount in controversy answer ante awarded bank Brantly cause of action charge chattel circumstances civil damage act claim Code commissioners complaint concur contract costs to abide counsel court of appeals creditors CURIAM DANFORTH decision defendant defendant's denied EARL entitled error evidence exceptions executor exemplary damages favor fendant FINCH findings fraudulent given ground held husband injury intoxicating liquors intoxication judgment absolute judgment entered jury land letters testamentary liable ment mortgage mortgagor motion negligence nonsuit Note on Effect objection Opinion owner paid party payment person plaint plaintiff principal proof purchase questions of fact railroad RAPALLO reason referee refused remittitur rendered respondent right to appeal RUGER rule sell sold special term statute stipulation supreme court surrogate sustained taken testator testified testimony thereof tion trial court verdict waiver witness
Popular passages
Page 98 - 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, or in consequence of the intoxication, habitual or otherwise, of any person...
Page 458 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 96 - At the close of the plaintiff's case, and again at the close of the entire testimony, a motion was made to dismiss the complaint.
Page 494 - The order of the Appellate Division should be reversed, and the judgment of the Trial Term affirmed with costs in the Appellate Division and in this court.
Page 583 - Should any dispute arise respecting the true construction or meaning of the drawings or specifications, the same shall be decided by , and decision shall be final and conclusive...
Page 85 - ... any allowance or deduction on account of any real or supposed benefits which the...
Page 254 - There was, however, an error committed upon the trial, to which exception was duly taken, but which does not seem to have been remedied by any portion of the charge appearing in the bill of exceptions. The plaintiff was permitted, against the objection of the defendant, to give the number and ages of his children, — a son ten years of age, and three daughters of the ages, respectively, of fourteen, seventeen, and twentyone.
Page 404 - It is a well-established rule of law, that where a contract, not under seal, is made with an agent in his own name, for an undisclosed principal, either the agent or the principal may sue upon it...
Page 235 - The case was tried upon the theory that the plaintiff was entitled to recover as damages the difference between the cost to him of cutting and manufacturing into coal all of the timber growing upon the several parcels of land described in the contract and the prices therein provided to be paid for the coal manufactured therefrom.
Page 488 - No association shall make any loan or discount on the security of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith...