The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit, and District Courts, Appellate Courts of the Several States, State and City Courts of New York and English Courts, Volume 5McDivitt, Campbell & Company, 1878 - Law reports, digests, etc |
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Results 1-5 of 88
Page 4
... proof was fatally defective , and the motion for a nonsuit should have been granted . The respondent's counsel proposed to supply the defect on the argument at banc by the production of a fresh certificate of the notary showing that the ...
... proof was fatally defective , and the motion for a nonsuit should have been granted . The respondent's counsel proposed to supply the defect on the argument at banc by the production of a fresh certificate of the notary showing that the ...
Page 13
... proof of notice of com- pletion is unnecessary . upon his promise to take them up and pay them at maturity ; that plain- tiff was not a bona fide holder for a valuable consideration , but received the notes with notice of the foregoing ...
... proof of notice of com- pletion is unnecessary . upon his promise to take them up and pay them at maturity ; that plain- tiff was not a bona fide holder for a valuable consideration , but received the notes with notice of the foregoing ...
Page 14
... proof . Held , That this action could not be maintained ;. The tents were destroyed by fire at Portland . The answer admitted that the tents were manufactured according to agreement . On the trial defendant's attorney asked plaintiff if ...
... proof . Held , That this action could not be maintained ;. The tents were destroyed by fire at Portland . The answer admitted that the tents were manufactured according to agreement . On the trial defendant's attorney asked plaintiff if ...
Page 15
... proof offered on her behalf , and the admission of similar proof , but of a negative , character on the same subject , could not have prejudiced her . For this reason there should be a new trial with costs to abide the event . CONTRACT ...
... proof offered on her behalf , and the admission of similar proof , but of a negative , character on the same subject , could not have prejudiced her . For this reason there should be a new trial with costs to abide the event . CONTRACT ...
Page 29
... proof showed that while the contracts were running defendant became insolvent , and on being notified by plaintiff that he intended to deliver the stock , said he had failed and could not take Decided July , 6 , 1877 . Agreement by one ...
... proof showed that while the contracts were running defendant became insolvent , and on being notified by plaintiff that he intended to deliver the stock , said he had failed and could not take Decided July , 6 , 1877 . Agreement by one ...
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Common terms and phrases
action was brought affidavit agreement alleged amount application applt appointed assessment assignment attorney bank bill of lading bond cause of action charge claim Code complaint concur contract corporation County COURT OF APPEALS Court of Equity creditors damages debt Decided December Decided November Decided October Decided September deed defendant defendant's denied entitled error evidence execution executor fact fendant foreclosure FOURTH DEPT fraud granted Held indorsed injury issued judge Judgment affirmed judgment for plaintiff jurisdiction jury land lease liable lien ment mortgage motion N. Y. COURT N. Y. SUPREME COURT negligence notice Opinion owner paid party payment person plain plaintiff in error plff possession premises proceedings promissory note proof purchase question railroad Rapallo receiver recover referee respt SECOND DEPT Special Term statute surety testator thereof THIRD DEPT tiff tion trial trust verdict void
Popular passages
Page 480 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person, under the existing circumstances would not have done.
Page 37 - States hereinbefore named, as may maintain a loyal adhesion to the Union and the Constitution, or may be from time to time occupied and controlled by forces of the United States engaged in the dispersion of said insurgents...
Page 215 - The inquiry must, therefore, always be whether there was any intermediate cause disconnected from the primary fault, and self-operating, which produced the injury.
Page 366 - State, subject only to the two restrictions, that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State...
Page 310 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Page 75 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Page 523 - There was some conflict of evidence as to the rate of speed at which the train was running at the time, and whether its bell was rung and its whistle sounded.
Page 214 - The true rule is that what is the proximate cause of an injury is ordinarily a question for the Jury. It is not a question of science or of legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending it.
Page 48 - He has no right to appropriate a sign or a symbol, which, from the nature of the fact it is used to signify, others may employ with equal truth, and therefore have an equal right to employ for the same purpose...
Page 366 - ... at a greater rate than is assessed upon such bonds ; and that, therefore, the taxation complained of is in violation of the act of Congress forbidding the taxation of national shares at a greater rate than is assessed upon other moneyed capital in the hands of individuals.