Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 196 |
From inside the book
Results 1-5 of 100
Page 27
... authority of Smith v . Wetmore ( 167 N. Y. 234 ) , but this court in Tribune Assn . v . Eisner & Mendelson Co. ( 70 App . Div . 172 ) passed upon this conten- tion , and Mr. Justice LAUGHLIN said therein ( at p . 173 ) : The contention ...
... authority of Smith v . Wetmore ( 167 N. Y. 234 ) , but this court in Tribune Assn . v . Eisner & Mendelson Co. ( 70 App . Div . 172 ) passed upon this conten- tion , and Mr. Justice LAUGHLIN said therein ( at p . 173 ) : The contention ...
Page 74
... authority of husband writing letter for wife as her agent admission by executor prior to appointment not competent thereafter - com- petency of such admission to impeach testimony of executor . - A letter signed by the attorney for the ...
... authority of husband writing letter for wife as her agent admission by executor prior to appointment not competent thereafter - com- petency of such admission to impeach testimony of executor . - A letter signed by the attorney for the ...
Page 100
... authority to make , execute and deliver proper conveyances for the transfer to the purchaser or purchasers of the same . ** Eighth . Should my Executor herein after named , die before the expiration of his duties as such Executor , and ...
... authority to make , execute and deliver proper conveyances for the transfer to the purchaser or purchasers of the same . ** Eighth . Should my Executor herein after named , die before the expiration of his duties as such Executor , and ...
Page 102
... authority to execute the contract and had she lived a few days longer her deed as executrix doubtless would have been delivered , and had she refused to deliver it , specific performance against her would lie . The executrix having ...
... authority to execute the contract and had she lived a few days longer her deed as executrix doubtless would have been delivered , and had she refused to deliver it , specific performance against her would lie . The executrix having ...
Page 119
... authority relied upon by the learned trial court in granting the motion to dismiss . That case , in my opinion , is clearly distinguishable from the case at bar . Therein , the contract was one for the sale by the plaintiff of twenty ...
... authority relied upon by the learned trial court in granting the motion to dismiss . That case , in my opinion , is clearly distinguishable from the case at bar . Therein , the contract was one for the sale by the plaintiff of twenty ...
Other editions - View all
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.