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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Results 1-5 of 100
Page 1
... action involving identical issue res judicata in action to recover consideration for extension agreement . The owner of property who had taken it subject to a mortgage , which he did not assume or agree to pay , agreed orally with the ...
... action involving identical issue res judicata in action to recover consideration for extension agreement . The owner of property who had taken it subject to a mortgage , which he did not assume or agree to pay , agreed orally with the ...
Page 4
... action to foreclose its mortgage upon said real property . In the foreclosure action it credited said $ 3,000 paid upon the principal of said bond and mortgage , cla'ming , as the balance due upon principal , the sum of $ 27,000 . In ...
... action to foreclose its mortgage upon said real property . In the foreclosure action it credited said $ 3,000 paid upon the principal of said bond and mortgage , cla'ming , as the balance due upon principal , the sum of $ 27,000 . In ...
Page 5
... action ( this plaintiff ) further alleged in his said answer that together with the said paper writing there was delivered to the said plaintiff as a part of the said agree- ment , and not otherwise , the sum of $ 3,000 , which sum the ...
... action ( this plaintiff ) further alleged in his said answer that together with the said paper writing there was delivered to the said plaintiff as a part of the said agree- ment , and not otherwise , the sum of $ 3,000 , which sum the ...
Page 7
... action must be held to have finally disposed of all questions litigated upon the trial of the present action , and that said judgment in fore- closure is res judicata as to the claim of plaintiff herein . In the foreclosure action the ...
... action must be held to have finally disposed of all questions litigated upon the trial of the present action , and that said judgment in fore- closure is res judicata as to the claim of plaintiff herein . In the foreclosure action the ...
Page 8
... action , who is the plaintiff here . The very facts thus passed upon and determined in the foreclosure action , adversely to the contentions of the defendant therein , are the same facts upon which said defendant , as plaintiff in the ...
... action , who is the plaintiff here . The very facts thus passed upon and determined in the foreclosure action , adversely to the contentions of the defendant therein , are the same facts upon which said defendant , as plaintiff in the ...
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Common terms and phrases
agreed agreement alleged amended amount Appellant April attorney bill bill of lading Blackmar Boland Company bond cause of action chap charge City Civil Procedure claim clerk Commission complaint concur contract corporation costs and disbursements counsel damages defendant defendant's delivered demurrer dismissed dollars costs Dowling employee entitled evidence ex rel executor fact granted GREENBAUM Impleaded Insurance Company issue January Jaycox Judgment and order jury justice Kelly Laughlin lease March Matter ment Merrell mortgage North Penn Bank opinion Order affirmed paid parties payment person plaintiff premises proceeding purchase question real property received recover reference refused Respondent restrictive covenant Second Department statute Statute of Frauds subd Supreme Court Surrogate's Court ten dollars costs tenant testator testified testimony thereafter thereof Third Department trial verdict witnesses York county York National
Popular passages
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 158 - To receive the rents and profits of real property, and apply them to the use Of any person, during the life of that person, or for any shorter term, subject to the provisions of law relating thereto; 4.
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.