Miscellaneous Reports. Cases Decided in the Courts of Record of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Volume 49New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) Lawyers Co-operative Publishing Company, 1906 - Law reports, digests, etc "Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly) |
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Page 307
... February , 1906 . Reading this verification as a whole , it is apparent that the affiant had a greater knowledge of the facts sworn to than any one else could have . Section 525 of the Code of Civil Procedure is not limited in its ...
... February , 1906 . Reading this verification as a whole , it is apparent that the affiant had a greater knowledge of the facts sworn to than any one else could have . Section 525 of the Code of Civil Procedure is not limited in its ...
Page 311
... February , 1906 . only on proof of these facts were they justified in deciding that the sidewalk was not reasonably safe . I am not pre- pared to say that a hole or aperture in a sidewalk , into which the toe of a pedestrian's shoe may ...
... February , 1906 . only on proof of these facts were they justified in deciding that the sidewalk was not reasonably safe . I am not pre- pared to say that a hole or aperture in a sidewalk , into which the toe of a pedestrian's shoe may ...
Page 315
... February , 1906 . NAJIEB M. DIAD , Plaintiff , v . CHARLES M. SHIBLEY et al . , Defendants . ( Supreme Court , New York Special Term , February , 1906. ) Malicious prosecution - Evidence - Malice and want of probable cause . Arrest on ...
... February , 1906 . NAJIEB M. DIAD , Plaintiff , v . CHARLES M. SHIBLEY et al . , Defendants . ( Supreme Court , New York Special Term , February , 1906. ) Malicious prosecution - Evidence - Malice and want of probable cause . Arrest on ...
Page 319
... February , 1906 . THE CITIZENS ' CENTRAL NATIONAL BANK , Plaintiff , v . JOHN P. MUNN et al . , Defendants . ( Supreme Court , New York Special Term , February , 1906. ) - Pleading — Motions relating to pleadings — To strike out as ...
... February , 1906 . THE CITIZENS ' CENTRAL NATIONAL BANK , Plaintiff , v . JOHN P. MUNN et al . , Defendants . ( Supreme Court , New York Special Term , February , 1906. ) - Pleading — Motions relating to pleadings — To strike out as ...
Page 322
... February , 1906 . [ Vol . 49 . compelled to make his complaint more definite and certain by stating whether the contract declared upon was in writing and , if so , to state the substance thereof , since the defendant may desire to plead ...
... February , 1906 . [ Vol . 49 . compelled to make his complaint more definite and certain by stating whether the contract declared upon was in writing and , if so , to state the substance thereof , since the defendant may desire to plead ...
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Common terms and phrases
abide event administrator affidavit affirmed agreement alleged Ambrose E amended amount appellant to abide Appellate Term attorney Bank borough of Manhattan Cattaraugus County cause of action charge City Court claim complaint concur contract corporation costs to appellant counsel counterclaim damages Daniel McCauley death deceased decedent December defendant defendant's denied dollars entitled evidence executor executrix fact February fendant fund GIEGERICH granted GREENBAUM held interest January John judgment in favor Judgment reversed jury justice Kings County lease liability Manhattan Matter ment Misc mortgage motion Otsego County paid parties payment person plaintiff pleaded premises proceeding proof provision Putnam question reason received recover rendered Rensselaer County respondent Saratoga County SCOTT securities share Special Term statute Supreme Court Surrogate's Court tenant testator testified testimony thereof tion town of Camillus trial ordered trust usury witness York
Popular passages
Page 268 - Dollars gold coin of the United States of the present standard of weight and fineness," with interest from date at the rate of four per cent.
Page 614 - In case of any transfer of Interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the Interest is transferred to be substituted In the action or joined with the original party.
Page 141 - It is impossible that the meaning of the constitutional provision can only be, that a person shall not be compelled to be a witness against himself in a criminal prosecution against himself. It would doubtless cover such cases; but it is not limited to them. The object was to insure that a person should not be compelled, when acting as a witness in any investigation, to give testimony which might tend to show that he himself had committed a crime. The privilege is limited to criminal matters, but...
Page 74 - Certainly, in the granting of injunctions, which is not a matter of right, but rests in the sound discretion of the court...
Page 100 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 346 - If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained.
Page 56 - ... no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him upon any criminal investigation or proceeding.
Page 426 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 422 - And the purchase, discount, or sale of a bona fide bill of exchange, payable at another place than the place of such purchase, discount, or sale, at not more than the current rate of exchange for sight drafts, in addition to the interest, shall not be considered as taking or receiving a greater rate of interest.
Page 346 - January, one thousand eight hundred and fifty, shall be individually responsible to the amount of their respective share or shares of stock in any such corporation or association, for all its debts and liabilities of every kind, contracted after the said first day of January, one thousand eight hundred and fifty.