Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York, Volume 6Baker, Voorhis & Company, 1878 - Law reports, digests, etc |
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Results 1-5 of 13
Page 215
... bill of particulars is given without objection , and the amount recovered is no more than the party is justly entitled to , the court will not set aside the verdict because it is more than the amount of damage specified in the bill of ...
... bill of particulars is given without objection , and the amount recovered is no more than the party is justly entitled to , the court will not set aside the verdict because it is more than the amount of damage specified in the bill of ...
Page 216
... bill of particulars as follows : ( 6 ' Injury to Horse .... Loss of use of Horse ... Loss of use of Harness . Loss of use of Wagon . Amount of claim , $ 500 . " .. $ 200 00 .... 100 00 50 00 250 00 $ 600 00 On the trial the plaintiff ...
... bill of particulars as follows : ( 6 ' Injury to Horse .... Loss of use of Horse ... Loss of use of Harness . Loss of use of Wagon . Amount of claim , $ 500 . " .. $ 200 00 .... 100 00 50 00 250 00 $ 600 00 On the trial the plaintiff ...
Page 217
... bill of particulars is to restrict the proofs and limit the recovery to the items set forth in it ( Matthews v . Hub- bard , 47 N. Y. 428 ; Graham's Practice , 438 ; Williams v . Al- len , 7 Cow . 316 ; Quin v . Astor , 2 Wend . 577 ...
... bill of particulars is to restrict the proofs and limit the recovery to the items set forth in it ( Matthews v . Hub- bard , 47 N. Y. 428 ; Graham's Practice , 438 ; Williams v . Al- len , 7 Cow . 316 ; Quin v . Astor , 2 Wend . 577 ...
Page 219
... bill of particulars to the recovery of $ 200 only . The variance between the proof offered of loss or injury and the bill of particulars is not material , if the other party is not misled ( Seaman v . Lowe , 4 Bosw . 351 , and cases ...
... bill of particulars to the recovery of $ 200 only . The variance between the proof offered of loss or injury and the bill of particulars is not material , if the other party is not misled ( Seaman v . Lowe , 4 Bosw . 351 , and cases ...
Page 220
... bill of particulars to the recovery of $ 200 only for the injury to the horse ; but the plaintiff , without any objection having been interposed by the defendants , gave evidence showing that her damage or loss from the injury to the ...
... bill of particulars to the recovery of $ 200 only for the injury to the horse ; but the plaintiff , without any objection having been interposed by the defendants , gave evidence showing that her damage or loss from the injury to the ...
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Other editions - View all
Common terms and phrases
action was brought affidavit affirmed Aldermen and Commonalty alleged allowed amended amount APPEAL by defendant applied appointed arrest assessment Asten attorney authority bail Bank Barb bill of particulars Bomanjee Byramjee Colah Carey cause of action charge CHARLES claim clerk committee Company complaint concurred contract corporation costs Court of Appeals court of equity covenant creditor DALY damages Decided defendant defendant's delivered demurrer duty enforce entitled equity evidence execution executor facts fendant held indorsed Insurance John Whyte JOSEPH F judge judgment judgment debtor jurisdiction jury justice LARREMORE liable lien lunatic Marine Court Mary Carey Mayor ment motion nolle prosequi notice opinion Orvis owner paid parties payment person plaintiff premises proceedings provision purchaser question received recover referee referred rent reversed salary scire facias seed sheriff statute street surety thereof tion trial verdict Wend York
Popular passages
Page 326 - ... to the effect that they are bound in double the value of the property as stated in the affidavit of the plaintiff for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may for any cause be recovered against the defendant.
Page 278 - No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title.
Page 219 - W. X., his executors, administrators or assigns ; for which payment, well and truly to be made, I bind myself, my heirs, executors and administrators, firmly by these presents.
Page 130 - Their rights in such cases do not depend upon the actual title or authority of the party with whom they deal directly, but are [24 derived from the act of the real owner, which precludes him from disputing, as against them, the existence of the title or power which, through negligence or mistaken confidence, he caused or allowed to appear to be vested in the party making the conveyance.
Page 326 - ... to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein...
Page 583 - ... office for one year from the time of their election and until their successors are chosen and qualified.
Page 339 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Page 20 - An act to reduce several laws relating particularly to the City of New York, into one act...
Page 540 - The insurance may also be terminated at any time at the option of the company, on giving notice to that effect and refunding a ratable proportion of the premium for the unexpired term of the policy.
Page 326 - In an action to recover the possession of personal property unjustly detained, where the property or any part thereof has been concealed, removed or disposed of, so that it cannot be found or taken by the sheriff, and with the intent that it should not be so found or taken, or with the intent to deprive the plaintiff of the benefit thereof.