The New York State Reporter, Volume 49W. C. Little., 1893 - Law reports, digests, etc "Containing all the current decisions of the courts of record of New York State, namely: Court of Appeals, Supreme Court, New York Superior Court, New York Common Pleas, Superior Court of Buffalo, City Court of New York, City Court of Brooklyn, and the Surrogates' Courts" (varies slightly). |
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Page 11
... prove their incom petency and unskillfulness . On the trial plaintiff may be able to show that the men in charge of the derrick in question were ignorant as to the manner of using one , incompetent persons , unfit to take Sup.Ct. ] 11 ...
... prove their incom petency and unskillfulness . On the trial plaintiff may be able to show that the men in charge of the derrick in question were ignorant as to the manner of using one , incompetent persons , unfit to take Sup.Ct. ] 11 ...
Page 43
... proved by the statement of the alleged agent , but must come from the acts or the express words of the principal , and not through the alleged agent . ' Decision reserved by consent . 19 ... prove the agency Sup.Ct. ] 43 CHAPIN v . PRATT .
... proved by the statement of the alleged agent , but must come from the acts or the express words of the principal , and not through the alleged agent . ' Decision reserved by consent . 19 ... prove the agency Sup.Ct. ] 43 CHAPIN v . PRATT .
Page 44
If the above evidence is competent to prove the agency , or there is other evidence of agency , there is no doubt in ... proved simply by the acts or declarations of the alleged agent . Marvin v . Wilber , 52 N. Y. , 270 ; Scott v ...
If the above evidence is competent to prove the agency , or there is other evidence of agency , there is no doubt in ... proved simply by the acts or declarations of the alleged agent . Marvin v . Wilber , 52 N. Y. , 270 ; Scott v ...
Page 45
... prove a rescission of the contract or an accord and satisfaction . Such rescission or accord , like the defense of payment , should be pleaded as an affirmative defense . Potter v . Gates , 29 St. Rep . , Sup.Ct. ] 45 CHAPIN v . PRATT .
... prove a rescission of the contract or an accord and satisfaction . Such rescission or accord , like the defense of payment , should be pleaded as an affirmative defense . Potter v . Gates , 29 St. Rep . , Sup.Ct. ] 45 CHAPIN v . PRATT .
Page 49
... prove that the grantor did not retain sufficient other property to pay his debts . 2. SAME . A complaint in an action to set aside a conveyance as fraudulen as to creditors should allege not only that it was made without considera- tion ...
... prove that the grantor did not retain sufficient other property to pay his debts . 2. SAME . A complaint in an action to set aside a conveyance as fraudulen as to creditors should allege not only that it was made without considera- tion ...
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Common terms and phrases
Abraham Rothschild affidavit affirmed agreement alleged amended amount app'lt APPEAL from judgment applied assignment attorney authority bank bonds cause of action certificate charge Civil Procedure claim complaint concur contract contributory negligence corporation costs counsel court of appeals court of equity creditors damages debt deceased December 9 deed defendant defendant's dollars entitled error evidence execution executors fact favor fendant Filed December Filed November 18 foreclosure granted held injury interest issue judgment entered jury land lease liability lien MAYHAM ment mortgage motion negligence November 22 opinion order denying owner paid parties payment person plaintiff possession premises proceedings proof provision purchase purpose question railroad reason received recover referee reference refused remittitur resp't reversed special term statute street sui juris Supreme Court taxes testator testimony thereof tion trust verdict witness York
Popular passages
Page 546 - ... after the allowance of such a claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof.
Page 490 - ... shall not be invalidated by any act or neglect of the mortgagor or owner of the within described property, nor by any foreclosure or other proceedings or notice of sale relating to the property, nor by any change in the title or ownership of the property...
Page 741 - Every mortgage, or conveyance intended to operate as a mortgage of goods and chattels, hereafter made, which shall not be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof, shall be filed as directed in this section.
Page 243 - ... together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof...
Page 192 - ... made with the intent to hinder, delay or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts or demands, and every bond or other evidence of debt given, suit commenced, decree or judgment suffered with the like intent, as against the persons so hindered, delayed or defrauded, shall be void.
Page 192 - The provisions of this act shall not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration, unless it shall appear that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.
Page 164 - It may, however, be stated generally, that due process of law requires an orderly proceeding, adapted to the nature of the case, in which the citizen has an opportunity to be heard, and to defend, enforce, and protect his rights. A hearing or an opportunity to be heard is absolutely essential. We cannot conceive of due process of law without this.
Page 243 - America, to him in hand paid by the said party of the second part at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged...
Page 293 - No will shall be allowed to be proved as a lost or destroyed will, unless the same shall be proved to have been in existence at the time of the death of the testator, or be shown to have been fraudulently destroyed in the lifetime of the testator, nor unless its provisions shall be clearly and distinctly proved by at least two credible witnesses.
Page 176 - ... shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be thereafter contracted, while they shall respectively continue in office...