Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 195 |
From inside the book
Results 1-5 of 100
Page 12
... amount unpaid on a municipal contract , an application by the plaintiff after the dismissal of the complaint to open the case and introduce in evidence the engineer's certificate was denied , and it appears that if said application had ...
... amount unpaid on a municipal contract , an application by the plaintiff after the dismissal of the complaint to open the case and introduce in evidence the engineer's certificate was denied , and it appears that if said application had ...
Page 13
... amount unpaid upon the contract price for work performed under a contract with the city . The performance of the work was conceded ; the amount due the contractor under the contract price was not disputed ; but the city deducted from ...
... amount unpaid upon the contract price for work performed under a contract with the city . The performance of the work was conceded ; the amount due the contractor under the contract price was not disputed ; but the city deducted from ...
Page 16
... taking , receiving , reserving or charging of a larger amount shall be adjudged a forfeiture of the entire interest ; and that if a greater rate of App . Div . ] Second Department , January , 16 TEPLITZ v . BLOOMINGDALE .
... taking , receiving , reserving or charging of a larger amount shall be adjudged a forfeiture of the entire interest ; and that if a greater rate of App . Div . ] Second Department , January , 16 TEPLITZ v . BLOOMINGDALE .
Page 17
... amount of the interest if the action to recover the same is brought within two years from the time the excess of interest was taken . Then follows a provision that the true intent and meaning of the section is to place and continue such ...
... amount of the interest if the action to recover the same is brought within two years from the time the excess of interest was taken . Then follows a provision that the true intent and meaning of the section is to place and continue such ...
Page 18
... amount of interest as a penalty . This could not be adjudicated as incidental to an action in equity to settle the accounts between the parties , and , therefore , the decree in that action is not a bar . The second defense pleads ...
... amount of interest as a penalty . This could not be adjudicated as incidental to an action in equity to settle the accounts between the parties , and , therefore , the decree in that action is not a bar . The second defense pleads ...
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Other editions - View all
Common terms and phrases
agreed agreement alleged amount appellant assessment attorney Attorney-General award Blackmar cause of action chap charge Civil Procedure claim claimant clerk Code of Civil codicil complaint concur constitute contract corporation costs and disbursements counsel damages Deceased defendant defendant's deficiency judgment demurrer dismissed dissenting dollars costs Dowling employer evidence ex rel executed fact February filed granted Greenbaum Impleaded Industrial Commission injury January Jenks Judgment and order jury Laughlin lease March Matter ment MERRELL Motion denied opinion Order affirmed Order reversed parties Paul Smith's Hotel payment person plaintiff premises Present Clarke proceedings question received recover refused Respondent Second Department Smith statute supra Supreme Court Surrogate's Court ten dollars costs tenant Term and entered testator testified thereof Third Department tion trial trust verdict Workmen's Compensation Law YORK ex rel
Popular passages
Page 831 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief; 2.
Page 618 - The shareholders of each association formed under the provisions of this act, and of each existing bank or banking association that may accept the provisions of this act, shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares...
Page 217 - Where there is a contract to sell unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied, and may be given either before or after the appropriation is made.
Page 429 - The authority of the Commission conferred by paragraphs (18) to (21), both inclusive, shall not extend to the construction or abandonment of spur, industrial, team, switching or side tracks, located or to be located wholly within one State, or of street, suburban, or interurban electric railways, which are not operated as a part or parts of a general steam railroad system of transportation.
Page 784 - Prints, publishes, edits, issues or knowingly circulates, sells, distributes or publicly displays any book, paper, document, or written or printed matter in any form, containing or advocating, advising or teaching the doctrine that organized government should be overthrown by force, violence or any unlawful means ; or, 3.
Page 812 - reasonable time" or an "unreasonable time," regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case.
Page 618 - ... shall be liable in like manner, and to the same extent as the testator or intestate. or the ward or person interested in such trust fund would have been, if he had been living and competent to act, and held the same stock in his own name.
Page 547 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 217 - Where there is a contract to sell specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred.
Page 679 - personal injury" mean only accidental injuries arising out of and in the course of employment and such disease or infection as may naturally and unavoidably result therefrom.