Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 200
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acceptance action affirmed agreed agreement alleged amended amount answer Appellant application authority Bank bill Boland bond building cause chap charge City Civil claim Commission Company complaint concur contained contract corporation counsel court damages death defendant defendant's delivered denied Department determined directed dismissed dollars costs effect entered entitled evidence executed fact February follows further give given granted ground held hold Insurance interest issue January judgment jury justice lease letter loss March Matter motion notes notice October opinion paid parties payment performance person plaintiff possession premises Present proceeding purchase question reason received recover reference refused relator respect Respondent reversed rule Second securities Special statute street Supreme Court thereof trial trust witnesses York
Page 103 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 723 - ... an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered, as provided in this code.
Page 103 - The title of a person who negotiates an instrument is defective within the meaning of this Act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 121 - Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.
Page 682 - The drawer by drawing the instrument admits the existence of the payee and his then capacity to indorse ; and engages that on due presentment the instrument will be accepted or paid, or both, according to its tenor, and that if it be dishonored, and the necessary proceedings...
Page 388 - ... property; also from interest, rent, dividends, securities, or the transaction of any business carried on for gain or profit, or gains or profits and Income derived from any source whatever.
Page 260 - A tax shall be and is hereby imposed upon the transfer of any property, real or personal, of the value of $500 or over, or of any interest therein or income therefrom, in trust or otherwise, to persons or corporations not exempt by law from taxation on real or personal property in the following cases : "1.
Page 656 - Where, under a contract to sell or a sale, the price is payable on a day certain, irrespective of delivery or of transfer of title, and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price, although the property in the goods has not passed, and the goods have not been appropriated to the contract.
Page 103 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.