Reports of Cases Argued and Determined in the Supreme Court of the State of New York, Volume 1Banks & Bros., 1870 - Law reports, digests, etc |
From inside the book
Results 1-5 of 89
Page 2
... proving that Ives was the lawfully con- stituted agent of the defendants , the plaintiff's counsel offered to read in evidence this affidavit verifying the complaint . To this , a sufficiently specific objection was made . The referee ...
... proving that Ives was the lawfully con- stituted agent of the defendants , the plaintiff's counsel offered to read in evidence this affidavit verifying the complaint . To this , a sufficiently specific objection was made . The referee ...
Page 3
... prove the fact of agency . Upon the issue of agency , it was no more than the declaration of Ives that he was agent , and the declarations of the agent are never competent to prove the agency . The authorities cited by counsel for ...
... prove the fact of agency . Upon the issue of agency , it was no more than the declaration of Ives that he was agent , and the declarations of the agent are never competent to prove the agency . The authorities cited by counsel for ...
Page 4
... prove a contract or contracts , and in this he erred . Many objections were made and some exceptions were taken , but I do not deem it necessary to examine them here , as the cause must be again tried , and we are to assume that the ...
... prove a contract or contracts , and in this he erred . Many objections were made and some exceptions were taken , but I do not deem it necessary to examine them here , as the cause must be again tried , and we are to assume that the ...
Page 5
... proved ; and it was by no means difficult for the jury to determine from his testimony their amount . He testified to facts within his knowledge ; Hollis v . Wagar . and it was clearly for 1869. ] 5 OF THE STATE OF NEW YORK .
... proved ; and it was by no means difficult for the jury to determine from his testimony their amount . He testified to facts within his knowledge ; Hollis v . Wagar . and it was clearly for 1869. ] 5 OF THE STATE OF NEW YORK .
Page 11
... prove by the defendant that it was necessary to make the deductions which he did make in order to collect the claims upon parties for indebted- ness to the plaintiffs . The witness had previously testified that he had made deductions ...
... prove by the defendant that it was necessary to make the deductions which he did make in order to collect the claims upon parties for indebted- ness to the plaintiffs . The witness had previously testified that he had made deductions ...
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Common terms and phrases
action affirmed agent Albany and Susquehanna alleged amount answer appears apply authority Bank Barb bill of lading charge claim Code common law complaint consignee contract corporation counsel counter-claim court coverture curtesy damages death debt deed defendant defendant's delivered directed directors DISTRICT Edson election entered entitled Eric Darling evidence execution executors fact firm Fisk forcible entry Gale held husband inspectors interest issue James Fisk judge judgment jury justice land LANSING VOL liable Manice matter of Frances ment mortgage motion notice opinion owner paid parties payment personal property plaintiff possession premises proceedings provisions purchaser question quo warranto real estate received recover referee relator residuary estate Revised Statutes rule school-house Smith sold stockholders suit Susquehanna Railroad Company tenants in common Term testator's thereof tion town of McDonough transfer trial trust valid verdict vested void vote Wend widow wife Yates county
Popular passages
Page 62 - 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 498 - That he is the petitioner herein; that he has read the foregoing petition and knows the contents thereof, and' that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Page 468 - ... a court of record, and shall be entitled to the same fees for his services in executing the warrant, to be collected in the same manner.
Page 330 - Receiver cannot be appointed ex parte before the defendant has had an opportunity to be heard in relation to his rights...
Page 318 - When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchise within this State, or any office in a corporation created by the authority of this State ; or, 2.
Page 497 - An act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof...
Page 477 - ... that the sums mentioned in such account remain unpaid, and that he has not, upon diligent inquiry, been able to discover any goods or chattels, belonging to, or in the possession of the persons charged with, or liable to pay such sums, whereon he could levy the same, he shall be credited by the county treasurer with the amount thereof.
Page 503 - And where a suit is now pending, or may be hereafter brought, in any state court, in which there is a controversy between a citizen of the state in which the suit is brought and a citizen of another state...
Page 319 - Code (§ 253) provides that an issue of fact in an action for the recovery of money only, or of specific real or personal property...
Page 272 - 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.