Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volume 67Gould, Banks & Gould, 1889 - Law reports, digests, etc |
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Results 6-10 of 92
Page 76
... jury , or by the court , if the action is tried without a jury ; and where the evidence is conflicting and contradictory , the finding at the trial is conclusive upon the parties . Here there was such conflict , and the justice who ...
... jury , or by the court , if the action is tried without a jury ; and where the evidence is conflicting and contradictory , the finding at the trial is conclusive upon the parties . Here there was such conflict , and the justice who ...
Page 96
... jury . The evidence to establish the second and third grounds being very slight ; held that it was for the jury to say whether the brakes were defective , or the train insufficiently manned , and also whether those causes , if they ...
... jury . The evidence to establish the second and third grounds being very slight ; held that it was for the jury to say whether the brakes were defective , or the train insufficiently manned , and also whether those causes , if they ...
Page 97
... jury ; and the case was submitted on the other two points . The jury found a verdict in favor of the defendant . A motion was made for a new trial on the minutes , which was denied . The case now comes before the court on appeal from ...
... jury ; and the case was submitted on the other two points . The jury found a verdict in favor of the defendant . A motion was made for a new trial on the minutes , which was denied . The case now comes before the court on appeal from ...
Page 98
... jury , on the facts proved . It was for the jury to say whether the brakes were defective ; and whether the train was insufficiently manned , admitting that there was some slight evidence of it ; and also whether those causes , if they ...
... jury , on the facts proved . It was for the jury to say whether the brakes were defective ; and whether the train was insufficiently manned , admitting that there was some slight evidence of it ; and also whether those causes , if they ...
Page 107
... jury . But three witnesses were sworn , on the trial , the plaintiff , in his own behalf - and the defendant and the former wife of the plaintiff on the defence . The proof showed that the defendant received from the plaintiff $ 1,000 ...
... jury . But three witnesses were sworn , on the trial , the plaintiff , in his own behalf - and the defendant and the former wife of the plaintiff on the defence . The proof showed that the defendant received from the plaintiff $ 1,000 ...
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Common terms and phrases
accept accord and satisfaction action was brought Affirmed agent agreement alleged amount answer appear attorney authority Bank Barb bond Brady and Daniels cause of action charge cheese claimed codicil complaint contract corporation costs counsel court court of equity creditor damages dant debt defendant defendant's delivered delivery denied discharge duty Dyke entitled evidence executed fact favor fendant given ground held hoops Hudson River indorsed injury intestate issue judge judgment jury Justices land liability lien matter Mayor &c ment Morse mortgage motion notice objection offered Onderdonk Overruled owner paid paper parties payment person plaintiff possession premises proceedings promissory note proof purchase question R. R. Co railroad received recover referee Reversed Samuel White Special Term Speyer statute Syracuse testator testified testimony thereof tiff tion trial trust verdict Wend wife witness wood York
Popular passages
Page 55 - Ed.) § 452, that the principal is to be 'held liable to third persons in a civil suit for the frauds, deceits, concealments, misrepresentations, torts, negligences and other malfeasances or misfeasances and omissions of duty of his agent In the course of his employment, although the principal did not authorize, or Justify or participate In, or indeed know of such misconduct, or even if he forbade the acts or disapproved of them.
Page 546 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 69 - Where any building, which is leased or occupied, is destroyed or so injured by the elements, or any other cause as to be untenantable, and unfit for occupancy, and no express agreement to the contrary has been made in writing, the lessee or occupant may, if the destruction or injury occurred without his fault or neglect, quit and surrender possession of the leasehold premises...
Page 262 - ... shall be jointly and severally liable for all the debts of the company, then existing, and for all that shall be contracted before such report shall be made.
Page 368 - ... that nothing in this provision shall be taken to alter, take away or lessen the effect of a part payment of principal or interest ; and it may be contended that the effect of these two sections is to exclude all parol evidence whatever bearing upon an acknowledgment or new promise...
Page 481 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 262 - If the directors of any such company shall declare and pay any dividend, when the company is insolvent, or any dividend the payment of which would render it insolvent, they shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be thereafter contracted so long as they shall respectively continue in office...
Page 547 - When the action is between herself and her husband, she may sue or be sued alone; 3.
Page 546 - One reason for which may be this: that the inferior hath no kind of property in the company, care, or assistance of the superior, as the superior is held to have in those of the inferior; and therefore the inferior can suffer no loss or injury...
Page 368 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some •writing signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.