The New York Supplement, Volumen87West Publishing Company, 1904 "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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Página 49
... acceptance the defendant had precluded itself from claiming damages for a breach of contract . In answer to that claim the ... accepted and no warranty attends the sale , the vendee is precluded from recovering damages for any variation ...
... acceptance the defendant had precluded itself from claiming damages for a breach of contract . In answer to that claim the ... accepted and no warranty attends the sale , the vendee is precluded from recovering damages for any variation ...
Página 52
... accepted after ample opportunity to examine them . The vendee , on being sued for the purchase price , counterclaimed damages for breach of warranty . It appeared that the defects would have been discovered upon examination . The court ...
... accepted after ample opportunity to examine them . The vendee , on being sued for the purchase price , counterclaimed damages for breach of warranty . It appeared that the defects would have been discovered upon examination . The court ...
Página 53
* It appeared that the defendant accepted , retained , and used the goods . The defendant gave evidence tending to ... acceptance . The court in reversing the judgment for error in excluding this evi- dence held that the evidence ...
* It appeared that the defendant accepted , retained , and used the goods . The defendant gave evidence tending to ... acceptance . The court in reversing the judgment for error in excluding this evi- dence held that the evidence ...
Página 56
... ACCEPTED Order of Subcontractor . A contractor who accepts an order of the subcontractor in favor of a materialman is not liable thereon ; there remaining unpaid to the mate- rialman only the amount which under the order was to be paid ...
... ACCEPTED Order of Subcontractor . A contractor who accepts an order of the subcontractor in favor of a materialman is not liable thereon ; there remaining unpaid to the mate- rialman only the amount which under the order was to be paid ...
Página 64
... accepted by Nor- cross , does not justify a recovery against Norcross , because , so far as appears , all moneys agreed to be paid to plaintiff , except the 25 per cent . of the value of the materials furnished , had been paid , and ...
... accepted by Nor- cross , does not justify a recovery against Norcross , because , so far as appears , all moneys agreed to be paid to plaintiff , except the 25 per cent . of the value of the materials furnished , had been paid , and ...
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Términos y frases comunes
121 New York agreement alleged amount Appellate Division Appellate Term application April 15 Argued before FREEDMAN attorney authority Bank bonds cause of action cent certificate certiorari charge claim commissioners complaint concur contract corporation costs counsel County damages deceased defendant defendant appeals defendant's delivered demurrer dismissed entitled evidence ex rel executor fact fendant fund granted held interest issued Judgment affirmed jury lease liability Manhattan March 11 March 24 ment Mertz & Gibb Moore & Schley mortgage motion Municipal Court N. Y. Supp negligence owner paid parties payment person plaintiff premises proof purchase question railroad company received recover refused relator respondent reversed shares Smith Special Term statute street Supreme Court Surrogate's Court testator testified testimony thereof tiff tion transfer trust verdict witness York County York State Reporter
Pasajes populares
Página 717 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Página 147 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Página 79 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings, against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Página 469 - ... 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...
Página 782 - ... nor shall any lottery or the sale of lottery tickets, pool-selling, book-making, or any other kind of gambling hereafter be authorized or allowed within this state; and the legislature shall pass appropriate laws to prevent offenses against any of the provisions of this section.
Página 362 - A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the crime...
Página 552 - In the following cases every agreement shall be void unless such agreement, or some note or memorandum thereof, be in writing, and subscribed by the party to be charged therewith : First — Every agreement that by its terms is not to be performed within one year from the making thereof.
Página 270 - ... from the beginning of the world to the day of the date of these presents.
Página 284 - Payments by counties, cities, towns and villages to charitable, eleemosynary, correctional and reformatory institutions, wholly or partly under private control, for care, support and maintenance, may be authorized, but shall not be required by the legislature. No such payments shall be made for any inmate of such institutions who is not received and retained therein pursuant to rules established by the state board of charities.
Página 10 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.