Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volumen15 |
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Resultados 6-10 de 81
Página 44
... rule of last resort applicable only where all others fail , " etc. ( Rapps v . Gottlieb , 142 N. Y. 168. ) In the opinion just quoted from the court refuses to apply this equitable rule in face of the repeated decisions that an assignee ...
... rule of last resort applicable only where all others fail , " etc. ( Rapps v . Gottlieb , 142 N. Y. 168. ) In the opinion just quoted from the court refuses to apply this equitable rule in face of the repeated decisions that an assignee ...
Página 49
... rule so held by the referee was correct . The method in which the plaintiff's business was carried on was careless , unsystematic and disordered to a degree difficult to appreciate . The plaintiff , though a man of considerable business ...
... rule so held by the referee was correct . The method in which the plaintiff's business was carried on was careless , unsystematic and disordered to a degree difficult to appreciate . The plaintiff , though a man of considerable business ...
Página 53
... rule . In my opinion , the grocery store was not the independ- ent venture or business of the defendant , but really that of the plaintiff . The plaintiff concedes that he knew that the defendant . had obtained the two stores , though ...
... rule . In my opinion , the grocery store was not the independ- ent venture or business of the defendant , but really that of the plaintiff . The plaintiff concedes that he knew that the defendant . had obtained the two stores , though ...
Página 54
... rule , are within the weekly salary of the defendant , I am not prepared to say that his story is unreasonable , but , at the same time , I do not think we are justified in disturbing the finding of the referee as to them . As to the ...
... rule , are within the weekly salary of the defendant , I am not prepared to say that his story is unreasonable , but , at the same time , I do not think we are justified in disturbing the finding of the referee as to them . As to the ...
Página 80
... rule laid down in the former decision . The plaintiff gives no definite idea of the quantity of gravel or shavings that was on the sidewalk . Her witness Green testified : " There was gravel on the sidewalk ; it was from the size of a ...
... rule laid down in the former decision . The plaintiff gives no definite idea of the quantity of gravel or shavings that was on the sidewalk . Her witness Green testified : " There was gravel on the sidewalk ; it was from the size of a ...
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abide the event agreement alleged amended amount appellant application appointment APRIL TERM assessment assignment authority bank cause of action charge Civil Procedure claim clerk commissioners complaint concurred construction contract contractor corporation costs and disbursements costs to abide Court in favor court of equity covenant creditors damages defendant defendant's demurrer denied DIV.-VOL dollars costs duty election entered entitled equity Evansville evidence ex rel executed executors fact filed firm furnished held Impleaded injury interest judgment jury Kings County liability lien MARCH TERM ment mortgage motion negligence notice owner paid parties payment person plaintiff premises proceedings proof question Railroad Company received recover referred respondent reversed SECOND DEPARTMENT Special Term statute street Supreme Court sureties testator testimony thereof THIRD DEPARTMENT tiff tion trustees Ulster County verdict York YORK ex rel
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Página 547 - No member of the Legislature shall receive any civil appointment within this State, or the Senate of the United States, from the Governor, the Governor and Senate, or from the Legislature, or from any city government, during the time for which he shall have been elected ; and all such appointments and all votes given for any such member for any such office or appointment shall be void.
Página 18 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract.
Página 88 - The militia shall be organized and divided into such land and naval, and active and reserve forces as the Legislature may deem proper, provided however that there shall be maintained at all times a force of not less than ten thousand enlisted men, fully uniformed, armed, equipped, disciplined and ready for active service. And it shall be the duty of the Legislature at each session to make sufficient appropriations for the maintenance thereof.
Página 91 - In the first place, the people, in framing the Constitution, committed to the legislature the whole law-making power of the State, which they did not expressly or impliedly withhold. Plenary power in the legislature for all purposes of civil government is the rule. A prohibition to exercise a particular power is an exception.
Página 197 - But no law shall ^ -authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Página 233 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
Página 176 - ... to the people of the state of New York in the penal sum of twenty-five thousand dollars, conditioned for the faithful...
Página 327 - ... commenced within one year after the cause of action therefor shall have accrued...
Página 198 - No street surface railroad corporation shall construct, extend or operate its road or tracks in that portion of any street, avenue, road or highway, in which a street surface railroad is or shall be lawfully constructed, except...
Página 603 - Each side was entitled to go to the jury upon the question of the genuineness of the writing upon which the prosecution relied to establish the guilt of the accused.