The New York Supplement, Volume 26West Publishing Company, 1894 - Law reports, digests, etc |
From inside the book
Results 1-5 of 75
Page 2
... testimony of the defendant and his witnesses , that the contract was made in behalf of the said association , and that the defendant and his various fellow members , collectively , and in pursuance thereof , made purchases to the amount ...
... testimony of the defendant and his witnesses , that the contract was made in behalf of the said association , and that the defendant and his various fellow members , collectively , and in pursuance thereof , made purchases to the amount ...
Page 6
... testimony of these witnesses was substantially unchallenged in that respect . A con- flict , however , arose as to whether plaintiff was employed by Syms . The former testified that Syms represented himself to be author- ized by ...
... testimony of these witnesses was substantially unchallenged in that respect . A con- flict , however , arose as to whether plaintiff was employed by Syms . The former testified that Syms represented himself to be author- ized by ...
Page 16
... testimony would not have been conclusive of the fact , though it remained unchallenged by other testimony , since it was that of a person in- terested in the event of the action . Bank v . Diefendorf , 123 N. Y. 191 , 25 N. E. 402. But ...
... testimony would not have been conclusive of the fact , though it remained unchallenged by other testimony , since it was that of a person in- terested in the event of the action . Bank v . Diefendorf , 123 N. Y. 191 , 25 N. E. 402. But ...
Page 32
... testimony which aimed to show that plaintiff did , and did not , read the agreement before its execution by him . This testimony , however , is wholly immaterial . The court below was Ferree without jurisdiction to rescind or reform the ...
... testimony which aimed to show that plaintiff did , and did not , read the agreement before its execution by him . This testimony , however , is wholly immaterial . The court below was Ferree without jurisdiction to rescind or reform the ...
Page 41
... testimony by a party to trans- actions or communications with a deceased person against a person deriving his title or interest from , through , or under such deceased person . It is obvious at once that in this action the defendant ...
... testimony by a party to trans- actions or communications with a deceased person against a person deriving his title or interest from , through , or under such deceased person . It is obvious at once that in this action the defendant ...
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Common terms and phrases
affidavit affirmed agreement Albany county alleged American Exchange Bank amount Ann Wilson Appeal from special appellant application Argued before BARNARD assignment attorney authority Bank bond cause of action certificate charge City Ct claim Code Civil Proc commissioners complaint concur contract corporation costs counsel creditors damages debt deceased December deed defendant appeals defendant's DYKMAN and PRATT entitled evidence execution executors fact favor of plaintiff fendant granted held indorsed injury intent intestate issued judgment debtor jury Kings county land liability ment Misc mortgage motion N. Y. Supp negligence order denying paid parties payment person plaintiff possession premises proceedings proof purchase question Railroad received recover referred respondent reversed rule special term statute street Supreme Court testator testified testimony thereof tiff tion trust verdict Westchester county witness York York City York county
Popular passages
Page 173 - All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose. All other officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed,...
Page 227 - I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the state of New York ; and that I will faithfully discharge the duties of the office of according to the best of my ability.
Page 180 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 702 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Page 168 - ... for all officers that now are or hereafter may be elective by the people, and upon all questions which may be submitted to the vote of the people...
Page 734 - That no creditor proving his debt or claim shall be allowed to maintain any suit at law or in equity therefor against the bankrupt, but shall be deemed to have waived all right of action and suit against the bankrupt, and all proceedings already commenced or unsatisfied judgments already- obtained thereon, shall be deemed to be discharged and surrendered thereby...
Page 276 - ... conclusive. If it passes an act ostensibly for the public health, and thereby destroys or takes away the property of a citizen, or Interferes with his personal liberty, then It is for the courts to scrutinize the act, and see whether It really relates to and Is convenient and appropriate to promote the public health.
Page 168 - Every male citizen of the age of twenty-one years, who shall have been a citizen for ninety days, and an inhabitant of this State one year next preceding an election, and for the last four months a resident of the county, and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote...
Page 188 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 224 - The crime may be charged in separate counts to have been committed in a different manner or by different means ; and where the acts complained of may constitute different crimes, such crimes may be charged in separate counts.