The New York Supplement (Google eBook)
West Publishing Company, 1918 - 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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affirmed agreement alleged amount Appellate Division Appellate Term attorney authority bank BIJUR bonds cause of action cent charge claim Code Civ commission Company complaint concur construction contract corporation costs counsel counterclaim damages death decedent deed defendant appeals defendant's delivered demurrer Digests & Indexes dismissed entitled evidence ex rel executors fact fendant filed fraud granted injury issue jury Key-Numbered Digests land Law Consol lease liability lien matter ment Misc mortgage motion Municipal Court N. Y. Supp negligence Nellie Tholens notice owner paid parties payment person plaintiff pleadings possession premises proceeding proof purchase question railroad reason recover refused respondent reversed Savage Arms Company sFor SHEARN Special Term statute street Supreme Court Surrogate's Court testator testified testimony thereof tiff tion topic & KEY-NUMBER Trial Term trust verdict York City York County
Page 255 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision.
Page 15 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Page 591 - It Is now very well settled that a corporation cannot avail itself of the defense of ultra vires when the contract has been in good faith fully performed by the other party, and the corporation has had the full benefit of the performance and of the contract.
Page 651 - ... it depends in each case on the terms of the contract and the circumstances of the case...
Page 658 - For wrongs done to the property, rights or interests of another, for which an action might be maintained against the wrongdoer, such action may be brought by the person injured, or after his death, by his executors or administrators against such wrong-doer, and after his death, against his executors or administrators in the same manner and with the like effect in all respects as actions founded upon contract.
Page 658 - The right of action now existing to recover damages for injuries resulting in death, shall never be abrogated; and the amount recoverable shall not be subject to any statutory limitation.
Page 647 - The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance. But in that case he keeps the contract alive for the benefit of the other party as well as his own...
Page 700 - That any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this act, shall to that extent be void...
Page 493 - ... the meaning of any provision of this act, which limits the time for commencing an action, when the summons is served on him; or on a co-defendant who Is a joint contractor, or otherwise united in interest with him.
Page 286 - To the above named defendant : You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer on the plaintiff's attorney within twenty days after the service of this summons, exclusive of the day of service ; and in case of your failure to appear or answer, judgment will be taken against you by default, for the relief demanded in the complaint.