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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Page 6
... denied , with ten dollars costs . DOWLING , SMITH , MERRELL and GREENBAUM , JJ . , concur . Order reversed , with ten dollars costs and disbursements , and motion denied , with ten dollars costs . First Department , April , 1921 . App ...
... denied , with ten dollars costs . DOWLING , SMITH , MERRELL and GREENBAUM , JJ . , concur . Order reversed , with ten dollars costs and disbursements , and motion denied , with ten dollars costs . First Department , April , 1921 . App ...
Page 24
... denied that plaintiff had duly performed the same or that the work was done satis- factorily or 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 same or that the work was done satis- factorily or 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 ...
Page 44
... denied , and the motion to declare the appeal abandoned granted . DOWLING , LAUGHLIN , SMITH and MERRELL , JJ . , concur . Orders reversed , with ten dollars costs and disbursements ; motion for leave to appeal from judgment denied ...
... denied , and the motion to declare the appeal abandoned granted . DOWLING , LAUGHLIN , SMITH and MERRELL , JJ . , concur . Orders reversed , with ten dollars costs and disbursements ; motion for leave to appeal from judgment denied ...
Page 52
... denied . APPEAL by the plaintiff , Anglo & London - Paris National Bank , from an order of the Supreme Court , made ... denying plaintiff's motion for judgment on the pleadings . Daniel E. Hanlon , for the appellant . Vernon C. Ryder ...
... denied . APPEAL by the plaintiff , Anglo & London - Paris National Bank , from an order of the Supreme Court , made ... denying plaintiff's motion for judgment on the pleadings . Daniel E. Hanlon , for the appellant . Vernon C. Ryder ...
Page 54
... denial of it , or an attack upon its exist- ence , but by opposing to it an equal or over - balancing demand on the part of ... denied the making of the contract alleged , or any liability upon it . " This being in reality a counterclaim ...
... denial of it , or an attack upon its exist- ence , but by opposing to it an equal or over - balancing demand on the part of ... denied the making of the contract alleged , or any liability upon it . " This being in reality a counterclaim ...
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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.