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 14
... recover damages for the breach of a contract to sell some cotton grey cloth . The contract provided for the sale of 3,000 pieces , of which 1,000 pieces were delivered . Thereafter the defendant refused to make further deliveries and ...
... recover damages for the breach of a contract to sell some cotton grey cloth . The contract provided for the sale of 3,000 pieces , of which 1,000 pieces were delivered . Thereafter the defendant refused to make further deliveries and ...
Page 15
... recover , what is the amount of the damages which the plaintiff is entitled to recover ? " The jury answered the first question in the affirmative and as to the second question assessed the damages at $ 8,737 . It was stipulated that ...
... recover , what is the amount of the damages which the plaintiff is entitled to recover ? " The jury answered the first question in the affirmative and as to the second question assessed the damages at $ 8,737 . It was stipulated that ...
Page 18
... recover judgment affecting title to or possession of real property — plain- tiffs have absolute right to file notice of pendency — cancellation of notice in discretion of court on defendants giving security . An action in which the ...
... recover judgment affecting title to or possession of real property — plain- tiffs have absolute right to file notice of pendency — cancellation of notice in discretion of court on defendants giving security . An action in which the ...
Page 21
... recover a judgment affecting the title to , or possession , use or enjoyment of real property . Being so , the right to file the lis pendens was absolute ; and having been properly filed , it could not be canceled except pursuant to ...
... recover a judgment affecting the title to , or possession , use or enjoyment of real property . Being so , the right to file the lis pendens was absolute ; and having been properly filed , it could not be canceled except pursuant to ...
Page 22
... recover amount due under building con- tract complaint alleging full performance recovery cannot be had on theory that procuring certificate of engineer was waived erroneous charge as to waiver of partial failure to perform . In an ...
... recover amount due under building con- tract complaint alleging full performance recovery cannot be had on theory that procuring certificate of engineer was waived erroneous charge as to waiver of partial failure to perform . In an ...
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Common terms and phrases
affidavits agreement alleged amended amount Appellant April attorney award bill of lading Blackmar cause of action certificate chap charge Civil Procedure claim claimant Clarke clerk Code of Civil Commission commissioner Company complaint concur construction contract corporation costs and disbursements counsel damages deceased decedent defendant defendant's delivered delivery denied dismissed dollars costs employees entitled evidence ex rel executors fact favor granted Harry Schiff Impleaded issued Judgment and order jurisdiction jury Kelly and Jaycox Laughlin lease letter liability March Matter ment Merrell and Greenbaum motion Oneida county opinion Order affirmed paid parties payment performance plaintiff premises proceeding question recover respect Respondent reversed Second Department Special Term statute subd Supreme Court Surrogate's Court ten dollars costs tenant Terry Hale testamentary capacity testator testified testimony thereof Third Department trial trust verdict York YORK ex rel
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.