The New York Supplement, Volume 43West Publishing Company, 1897 - 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) |
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Results 1-5 of 87
Page 7
... contract with the Charles S. Kendall Company to do this work . So far as appears , in making this contract he did nothing to violate the rights of the plaintiff . Certainly , the making of the contract itself was not in violation of the ...
... contract with the Charles S. Kendall Company to do this work . So far as appears , in making this contract he did nothing to violate the rights of the plaintiff . Certainly , the making of the contract itself was not in violation of the ...
Page 8
... contract ; and the fact that the architect em- ployed by the owner to superintend the building is to have direction of the work , and is by the contract made the arbitrator as to its proper perform- ance , whose decision is binding on ...
... contract ; and the fact that the architect em- ployed by the owner to superintend the building is to have direction of the work , and is by the contract made the arbitrator as to its proper perform- ance , whose decision is binding on ...
Page 9
... contract for excavating the cellars and foundation for a building to be erected upon the property of the defendant , it being alleged that there was due and unpaid under the contract the sum of $ 10 , - 792.50 . The second cause of ...
... contract for excavating the cellars and foundation for a building to be erected upon the property of the defendant , it being alleged that there was due and unpaid under the contract the sum of $ 10 , - 792.50 . The second cause of ...
Page 10
... contract within the stipulated time was caused by the interruptions and interferences and suspensions above referred to ; that , except for such interruptions and interferences , the plaintiffs would have fully performed the said contract ...
... contract within the stipulated time was caused by the interruptions and interferences and suspensions above referred to ; that , except for such interruptions and interferences , the plaintiffs would have fully performed the said contract ...
Page 11
... contract , and how far the architect , in determining the questions submitted to him , was acting as the chosen arbitrator between the parties independently of either party , but upon his own responsibility . By this contract both ...
... contract , and how far the architect , in determining the questions submitted to him , was acting as the chosen arbitrator between the parties independently of either party , but upon his own responsibility . By this contract both ...
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Common terms and phrases
77 New York affidavit agent agreement alleged amount Appeal from special Appellate Division application Argued assessment assignment attorney authority bank cause of action cent charge City Ct claim complaint concur contract contributory negligence corporation costs counsel court of equity creditors damages deed defendant defendant appeals defendant's duty entitled evidence execution fact fendant firm granted held injury interest issued January January 27 judge jury justice land lease liability lien ment Misc mortgage motion N. Y. Supp negligence owner paid parties payment person Pickert plaintiff premises proceedings proof provision purchase question Railroad reason received recover referred refused respondent reversed rule special term statute street Supreme Court testator testified testimony thereof Third Avenue Railroad tiff tion trial term trust verdict witness York county York State Reporter
Popular passages
Page 337 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Page 186 - Bronx in said city, in the office of the register of the city and county of New York.
Page 416 - State, sometimes termed its police power, to prescribe regulations to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the State, develop its resources, and add to its wealth and prosperity.
Page 413 - January, in the year one thousand eight hundred and ninety-seven, no person in any such prison, penitentiary, jail or reformatory, shall be required or allowed to work, while under sentence thereto, at any trade. Industry or occupation, wherein or whereby his work, or the product or profit of his work, shall be fanned out, contracted, given or sold to any person, firm, association or corporation.
Page 347 - But when, as in this case, a ship at the time of a collision is in actual violation of a statutory rule intended to prevent collisions, it is no more than a reasonable presumption that the fault, if not the sole cause, was at least a contributing cause of the disaster.
Page 697 - A plain and concise statement of the facts, constituting each cause of action, without unnecessary repetition.
Page 554 - Miller was a real or fictitious individual." as though determined by the supreme court itself. (Bridges v. Fisk, 53 Cal. App. 117 [200 Pac. 71].) [3] Appellant also insists that it was error on the part of the trial court to permit...
Page 120 - On the other hand, the weight of authority in this country as well as in England favors the doctrine that where the trespass is the result of inadvertence or mistake, and the wrong was not intentional, the value of the property when first taken must govern ; or if the conversion sued for was after value had been added to it by the work of the defendant, he should be credited with this addition.
Page 667 - To give a third party, who may derive a benefit from the performance of the promise, an action, there must be, first, an intent by the promisee, to secure some benefit to the third party, and second, some privity between the two, the promisee and the party to be benefited, and some obligation or duty owing from the former to the latter which would give him a legal or equitable claim to the benefit of the promise, or an equivalent from him personally.
Page 473 - An acknowledgment or promise, contained in a writing signed by the party to be charged thereby, is the only competent evidence of a new or continuing contract, whereby to take a case out of the operation of this title. But this section does not alter the effect of a payment of principal or interest.