The New York Supplement, Volume 185West Publishing Company, 1921 - Law reports, digests, etc "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
From inside the book
Results 1-5 of 99
Page 1
... trial was fixed , was engaged elsewhere , held insufficient to justify opening of the default . Appeal from ... trial of this case , granted upon the application of the defendant , the trial day was finally fixed peremptorily for June 24 ...
... trial was fixed , was engaged elsewhere , held insufficient to justify opening of the default . Appeal from ... trial of this case , granted upon the application of the defendant , the trial day was finally fixed peremptorily for June 24 ...
Page 2
... trial of any of such actions . The defendant's attorney makes an affidavit in which he says : " That the only reason why deponent was unable to try this case is because of the fact that for several weeks past he has been retained in the ...
... trial of any of such actions . The defendant's attorney makes an affidavit in which he says : " That the only reason why deponent was unable to try this case is because of the fact that for several weeks past he has been retained in the ...
Page 29
... trial court gave the proper rule of damages to the jury , viz . : The difference between the rent reserved in the lease and the ac- tual annual rental value of the property . The term under the lease commenced April 3 , 1908 , and was ...
... trial court gave the proper rule of damages to the jury , viz . : The difference between the rent reserved in the lease and the ac- tual annual rental value of the property . The term under the lease commenced April 3 , 1908 , and was ...
Page 42
... Trial Term . Action by Morris Rosenstein and another , doing business under the firm name of Morris Rosenstein & Bros. , against the Farish Com- pany , Incorporated , a corporation . From a judgment for plaintiffs on directed verdict ...
... Trial Term . Action by Morris Rosenstein and another , doing business under the firm name of Morris Rosenstein & Bros. , against the Farish Com- pany , Incorporated , a corporation . From a judgment for plaintiffs on directed verdict ...
Page 60
... Trial 3 - Defendant not entitled to prior trial of issues on counterclaim which constitutes a complete defense . A defendant , pleading an equitable counterclaim to an action at law , is not entitled to a prior trial of issues thereon ...
... Trial 3 - Defendant not entitled to prior trial of issues on counterclaim which constitutes a complete defense . A defendant , pleading an equitable counterclaim to an action at law , is not entitled to a prior trial of issues thereon ...
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Common terms and phrases
affirmed agreement alleged amended amount appeal Appellate Division Appellate Term authority award Bank BIJUR breach cause of action certificate charge claim claimant commission common-law marriage Company compensation complaint concur Constitution contract corporation costs counsel counterclaim County court of equity covenant damages deceased decedent December deed defendant defendant's delivery denied Digests & Indexes dismissed employer entitled evidence ex rel executed executor fact fendant granted held husband Indexes 185 injury interest judgment jury justice KELLOGG Key-Numbered Digests lease Legislature liable marriage ment Misc mortgage motion Municipal Court N. Y. Supp negligence paid parties Paul Smith's Hotel payment performance person petitioner plaintiff pleadings possession premises purchase question railroad reason recover rent respondent reversed Special Term statute summary proceedings supra Supreme Court Surrogate's Court testified testimony thereof tion topic & KEY-NUMBER trial trust verdict York City York County
Popular passages
Page 424 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 618 - The power we allude to is rather the police power, the power vested in the legislature by the constitution, to make, ordain and establish all manner of wholesome and reasonable laws, statutes and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth, and of the subjects of the same.
Page 185 - ... Where there is a contract to sell goods to be delivered by stated instalments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more instalments...
Page 76 - 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.
Page 787 - Where there is an unconditional contract for the sale of specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed.
Page 762 - Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.
Page 270 - The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times and under all circumstances.
Page 194 - Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive...
Page 145 - Pennsylvania, to recover $18,000 as the agreed price and value of certain securities, stocks, and bonds alleged to have been sold and delivered by the plaintiff to the defendant. The sale is alleged to have taken place on July 8, 1882.
Page 629 - But it was recognized in the cases cited, as in many others, that freedom of contract is a qualified and not an absolute right. There is no absolute freedom to do as one wills or to contract as one chooses. The guaranty of liberty does not withdraw from legislative supervision that wide department of activity which consists of the making of contracts, or deny to government the power to provide restrictive safeguards. Liberty implies the absence of arbitrary restraint, not immunity from reasonable...