The New York Supplement, Volume 36West Publishing Company, 1896 - Law reports, digests, etc "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
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Results 1-5 of 77
Page 12
... COMPLAINT . If , in any aspect , a complaint exhibits a right to any relief , it may not be dismissed on the opening , unless the opening concedes a fact fatal to the maintenance of the action . 2. BAILMENT - BREACH OF CONTRACT BY ...
... COMPLAINT . If , in any aspect , a complaint exhibits a right to any relief , it may not be dismissed on the opening , unless the opening concedes a fact fatal to the maintenance of the action . 2. BAILMENT - BREACH OF CONTRACT BY ...
Page 13
... complaint for defect of substance is in the nature of a demurrer , and the sole question presented by such motion is whether the pleading sufficiently states a cause of action . Sheridan v . Jack- son , 72 N. Y. 170 ; Kley v . Healy ...
... complaint for defect of substance is in the nature of a demurrer , and the sole question presented by such motion is whether the pleading sufficiently states a cause of action . Sheridan v . Jack- son , 72 N. Y. 170 ; Kley v . Healy ...
Page 14
... complaint exhibits an actionable wrong , with consequent damage , is a self - evident and indisputable proposition . But the contention is that , in his opening , the plaintiff abandoned the action for breach of contract , and stood ...
... complaint exhibits an actionable wrong , with consequent damage , is a self - evident and indisputable proposition . But the contention is that , in his opening , the plaintiff abandoned the action for breach of contract , and stood ...
Page 17
... complaint alleging the facts in regard to the death of the former plaintiff . The objection was overruled , and exception taken . Defendants then objected to the admission of evidence as to the death of the sole plain- tiff , and the ...
... complaint alleging the facts in regard to the death of the former plaintiff . The objection was overruled , and exception taken . Defendants then objected to the admission of evidence as to the death of the sole plain- tiff , and the ...
Page 70
... complaint alleged the facts above set out , and also that before the commencement of the action the Glens Falls Buckboard Company had brought an action against plaintiff for damages of said wagons in consequence of using said filler ...
... complaint alleged the facts above set out , and also that before the commencement of the action the Glens Falls Buckboard Company had brought an action against plaintiff for damages of said wagons in consequence of using said filler ...
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Common terms and phrases
affidavit affirmed agreement alleged amount Appeal from special application assessment attorney authority bank bonds cause of action charge claim Code commissioners complaint concur contract contributory negligence corporation costs counsel creditors damages deceased December December 18 December 26 deed defendant appeals defendant's duty entitled error evidence execution executors fact favor of plaintiff fendant Fesler granted held injury intent issue Joseph Malone jury Kings county liable MAYHAM ment mortgage N. Y. Supp negligence nonsuit Onondaga county opinion order denying owner paid parties payment person premises proceedings proof purchase question Railroad reason received recover referred relator residuary estate respondent reversed rule special term statute street Super Supreme Court testator testified testimony thereof tiff tion town trial judge trust verdict witness York York City York county
Popular passages
Page 123 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...
Page 37 - The electors of the several towns shall, at their annual town meetings, or at such other time and in such manner as the Legislature may direct, elect justices of the peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term.
Page 532 - If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.
Page 572 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Page 242 - ... substitute or substitutes, shall lawfully do, or cause to be done, in or about the premises, by virtue of these presents.
Page 244 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation; hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do, or cause to be done, by virtue hereof.
Page 46 - Counties, towns or blocks which, from their location, may be included in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants, excluding aliens.
Page 607 - After hearing the appeal, the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties.
Page 358 - ... shall be deemed to be the true owner thereof, so far as to give validity to any contract made by such agent with any other person, for the sale or disposition of the whole or any part of such merchandise, for any money advanced, or negotiable instrument or other obligation in writing given by such other person upon the faith thereof.
Page 124 - liberty" as used in the Constitution is not dwarfed into mere freedom from physical restraint of the person of the citizen as by incarceration, but is deemed to embrace the right of man to be free in the enjoyment of the faculties with which he has been endowed by his Creator subject only to such restraints as are necessary for the common welfare.