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 |
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Results 1-5 of 83
Page 25
... entitled to recover ; but the defendant , testifying to the same interview of the 23d of November , denied that he assented to the purchase of the corn and the closing of the contract . He gives this account of the interview : . " Mr ...
... entitled to recover ; but the defendant , testifying to the same interview of the 23d of November , denied that he assented to the purchase of the corn and the closing of the contract . He gives this account of the interview : . " Mr ...
Page 34
... entitled to be relieved from their contract , and were not obliged to take the rest of the wool . " There was some modification of the charge upon suggestion of the defendants ' counsel , and apparently it was then satisfactory to him ...
... entitled to be relieved from their contract , and were not obliged to take the rest of the wool . " There was some modification of the charge upon suggestion of the defendants ' counsel , and apparently it was then satisfactory to him ...
Page 52
... entitled , and which might solve a doubtful case in his favor . 5. Witness . Credibility . - While a court is bound to believe a disin- terested , unimpeached , uncontradicted witness who gives evi- dence not in any way discredited , or ...
... entitled , and which might solve a doubtful case in his favor . 5. Witness . Credibility . - While a court is bound to believe a disin- terested , unimpeached , uncontradicted witness who gives evi- dence not in any way discredited , or ...
Page 55
... entitled to the judgment given at the special term . The general term reversed the judgment on the ground that there was no evidence to warrant the findings that the plaintiffs had lost any money , or that Moore had wrong- fully ...
... entitled to the judgment given at the special term . The general term reversed the judgment on the ground that there was no evidence to warrant the findings that the plaintiffs had lost any money , or that Moore had wrong- fully ...
Page 64
... plaintiff had steadily repudiated , and refused to perform . Whatever may be his remedy at law , if upon the facts he can have any , it is certain Statement of the Case . that he is not entitled 64 EMRICH v . WHITE .
... plaintiff had steadily repudiated , and refused to perform . Whatever may be his remedy at law , if upon the facts he can have any , it is certain Statement of the Case . that he is not entitled 64 EMRICH v . WHITE .
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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...