The New York Supplement, Volume 145West Publishing Company, 1914 - 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 100
Page 1
... alleged in the answer that at the time the exten- sion agreement was made , the premises were adequate security for the mortgage debt ; but from the facts alleged , as already stated , that was fairly to be inferred . Where a grantee of ...
... alleged in the answer that at the time the exten- sion agreement was made , the premises were adequate security for the mortgage debt ; but from the facts alleged , as already stated , that was fairly to be inferred . Where a grantee of ...
Page 2
... alleged in the answer that at the precise date of the extension agreement the premises were adequate security for the mortgage debt ; but that fact might fairly be inferred from the fact that the plaintiff , on this comparatively small ...
... alleged in the answer that at the precise date of the extension agreement the premises were adequate security for the mortgage debt ; but that fact might fairly be inferred from the fact that the plaintiff , on this comparatively small ...
Page 6
... alleged that there were payments made to apply on the note as follows : January 8 , 1906 , $ 502.67 , June 13 , 1906 , $ 751.34 , and March 28 , 1907 , $ 375.67 . The allegations with respect to these payments were put in issue by the ...
... alleged that there were payments made to apply on the note as follows : January 8 , 1906 , $ 502.67 , June 13 , 1906 , $ 751.34 , and March 28 , 1907 , $ 375.67 . The allegations with respect to these payments were put in issue by the ...
Page 15
... alleged account stated . The answer pleads a payment . The amount of the account sued for 3 $ 1,315.50 . An issue of fact was presented as to whether there was an account stated ; but , assuming that there was , we think that partial ...
... alleged account stated . The answer pleads a payment . The amount of the account sued for 3 $ 1,315.50 . An issue of fact was presented as to whether there was an account stated ; but , assuming that there was , we think that partial ...
Page 16
... alleged account stated that sum of money . There is no other evidence of payment of any kind , of that account , so that if you find that there was an account stated , and likewise find that the application of that payment was made to ...
... alleged account stated that sum of money . There is no other evidence of payment of any kind , of that account , so that if you find that there was an account stated , and likewise find that the application of that payment was made to ...
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affirmed agreement alleged amount Appellate Division application Argued before INGRAHAM attorney authority Bank cause of action Cent certificate charge Civil Procedure claim Code of Civil Commission complaint concur contract corporation costs counsel County damages decedent December 30 defendant's denied Digs employé entitled evidence ex rel execution executors fact fendant granted held issue judgment jury justice Kings county land Law Consol liability lien Matter ment Misc Mohawk river mortgage motion Municipal Municipal Corporations N. Y. Supp negligence Note Note.-For NUMBER in Dec owner paid party payment person plaintiff probate proceedings proof purchase question Railroad Company Realty reason received recover Rep'r Indexes respondent reversed rule Special Term statute street supra Supreme Court surrogate Surrogate's Court testator testimony thereof tion topic Trial Term trust verdict witnesses York City York County
Popular passages
Page 194 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two shall determine...
Page 441 - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default, Is such as would (If death had not ensued) have entitled the party Injured to maintain an action and recover damages, In respect thereof...
Page 71 - ... together with all and singular, the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above described premises, and every part and parcel thereof, with the appurtenances.
Page 710 - If he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time.
Page 754 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 11 - An acknowledgment or promise contained in a writing, signed by the party to be charged thereby, is the only competent evidence of a new or continuing contract, whereby to take a case out of the operation of this title. But this section does not alter the effect of a payment of principal or interest.
Page 756 - State," passed April 12, 1848. Passed April 11,1849. The act entitled " An act to simplify and abridge the practice, pleadings, and proceedings of the courts of this State...
Page 122 - January, one thousand eight hundred and fifty, shall be individually responsible to the amount of their respective share or shares of stock in any such corporation or association, for all its debts and liabilities of every kind, contracted after the said first day of January, one thousand eight hundred and fifty.
Page 437 - If an action is commenced within the time limited therefor, and a judgment therein is reversed on appeal, without awarding a new trial, or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits : tlie plaintiff, or.
Page 710 - Rule 1. Where there is an unconditional contract to sell specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made and it is immaterial whether the time of payment, or the time of delivery, or both, be postponed.