Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 196 |
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Results 1-5 of 100
Page 4
... accept the return of all the patterns unsold by the defendant , even though some of them might have been delivered to the defendant only a few days before , and to refund to the defendant three - fourths of the amount it had been ...
... accept the return of all the patterns unsold by the defendant , even though some of them might have been delivered to the defendant only a few days before , and to refund to the defendant three - fourths of the amount it had been ...
Page 5
... accept the return of patterns , which presumably would be somewhat shopworn and depreci- ated in value , it was required to refund to the defendant three - fourths of the amount received therefor from defendant so that it was to be ...
... accept the return of patterns , which presumably would be somewhat shopworn and depreci- ated in value , it was required to refund to the defendant three - fourths of the amount received therefor from defendant so that it was to be ...
Page 13
... accepting the payments of the overdue installments and by not giving notice to plaintiff fixing a time for pay- ment and notifying it that the contract would be canceled if payments were not so made . There was no waiver by accept- ing ...
... accepting the payments of the overdue installments and by not giving notice to plaintiff fixing a time for pay- ment and notifying it that the contract would be canceled if payments were not so made . There was no waiver by accept- ing ...
Page 23
... accepted by it . " It is further alleged that the sum of $ 1,087 and no more has been paid on account of said contract price , leaving a balance of $ 1,572 and interest . The second cause of action is based First Department , April ...
... accepted by it . " It is further alleged that the sum of $ 1,087 and no more has been paid on account of said contract price , leaving a balance of $ 1,572 and interest . The second cause of action is based First Department , April ...
Page 24
... accepted by the defendant . It also denies that the balance of $ 1,572 was due and owing . As to the second cause of action , it specifically denied that plaintiff had duly performed the covenants and conditions on his part to be ...
... accepted by the defendant . It also denies that the balance of $ 1,572 was due and owing . As to the second cause of action , it specifically denied that plaintiff had duly performed the covenants and conditions on his part to be ...
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Common terms and phrases
affd affidavit affirmed agreement alimony alleged amended amount appellant April attorney award bill of lading cause of action certificate chap charge Civil Procedure claim claimant clerk Code of Civil Commission commissioner Company complaint concur construction contract corporation costs and disbursements counsel counterclaim damages decedent defendant defendant's delivered delivery demurrer denied dismissed dollars costs employees entitled evidence ex rel executors fact favor Fourth Department Harry Schiff issue judgment jurisdiction jury landlord lease letter liability March Matter ment motion Oneida county opinion paid parties payment performance person petitioner plaintiff premises proceedings purchase question received recover res adjudicata respect respondent reversed Second Department Special Term statute subd Supreme Court Surrogate's Court tenant Terry Hale testamentary capacity testator testified testimony thereof Third Department trial trust verdict witness York
Popular passages
Page 796 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Page 36 - The question always is, was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
Page 760 - Association, the plaintiff in the above-entitled action ; that he has read the foregoing complaint and knows the contents thereof; and that the same is true to his own knowledge, except as to the matters therein stated to be alleged on information and belief ; and that as to those matters he believes it to be true.
Page 309 - ... it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire contract, or whether the breach is severable, giving rise to a claim for compensation but not to a right to treat the whole contract as broken.
Page 600 - Where an action is brought, as prescribed in either of the ast two articles, the court may, in its discretion, during the pendency thereof, from time to time, make and modify an order or orders, requiring the husband to pay any sum or sums of money necessary to enable the wife to carry on or defend the action...
Page 206 - Amalgamated Association of Street and Electric Railway Employees of America, the parent body of the local that I belong to.
Page 359 - In all other cases the defendant may be found guilty of any offense, the commission of which is necessarily included in that with which he is charged in the indictment.
Page 20 - In an action brought to recover a judgment affecting the title to, or the possession, use, or enjoyment of, real property...
Page 308 - As binding the seller to transfer the property in all of the existing goods or in so much thereof as have not deteriorated, and as binding the buyer to pay the full agreed price if the contract was indivisible, or to pay the agreed price for so much of the goods as the seller, by the buyer's option, is bound to transfer if the contract was divisible.
Page 210 - Five days' notice in writing of such application shall be served upon the party in default. Service thereof shall be made in the manner provided by the Federal Rules of Civil Procedure.