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 88
Page 7
... witness in her own behalf to prove the loss , and was allowed , as such witness , to refer to the schedule attached to the proofs of loss , for the purpose of refreshing her memory . Appeal from a judgment of the general term of the ...
... witness in her own behalf to prove the loss , and was allowed , as such witness , to refer to the schedule attached to the proofs of loss , for the purpose of refreshing her memory . Appeal from a judgment of the general term of the ...
Page 17
... witness who had been for twenty years en- gaged in the business of importing rags from Leghorn , that prompt steamer shipments meant fifteen days after receiving the order , and prompt sail shipments within thirty Opinion of the Court ...
... witness who had been for twenty years en- gaged in the business of importing rags from Leghorn , that prompt steamer shipments meant fifteen days after receiving the order , and prompt sail shipments within thirty Opinion of the Court ...
Page 36
... witness under section 872 of the Code . - Where the testi- mony of a dying witness was taken and finished by a referee late on Saturday night , and it was agreed by counsel that the minutes be written up by the stenographer , and ...
... witness under section 872 of the Code . - Where the testi- mony of a dying witness was taken and finished by a referee late on Saturday night , and it was agreed by counsel that the minutes be written up by the stenographer , and ...
Page 37
... witness in the absence of his counsel . We have carefully considered all the facts appear- ing in the affidavits , and are of opinion that plaintiff's counsel must be held to have waived his right to be present at or to have notice of ...
... witness in the absence of his counsel . We have carefully considered all the facts appear- ing in the affidavits , and are of opinion that plaintiff's counsel must be held to have waived his right to be present at or to have notice of ...
Page 38
... witness is not answering a ques- tion by " yes or no " when so directed , but is proceeding to give an answer which has once been stricken out , he should stop the wit- ness and arrest the answer . He cannot lie by and speculate on the ...
... witness is not answering a ques- tion by " yes or no " when so directed , but is proceeding to give an answer which has once been stricken out , he should stop the wit- ness and arrest the answer . He cannot lie by and speculate on the ...
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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...