Άλλες εκδόσεις - Προβολή όλων
act Laws affirmed agreement alleged amount Appeal from Municipal Appellate Division Appellate Term April 23 Argued before GILDERSLEEVE attorney avenue award bank cause of action Cent Civil Procedure claim claimant Code Civ commissioners Company complaint concur contract corporation costs counsel damages DAYTON and GOFF deceased decedent deed defendant defendant appeals defendant's demurrer Digs Eminent Domain employé entitled evidence executor fact fendant filed granted held judgment for plaintiff jury justice land landlord lease liability lien ment Misc mortgage motion Municipal Court N. Y. Supp negligence Note Note.-For notice NUMBER in Dec owner paid parties payment person plaintiff Pleading premises proceedings purchase question railroad received recover Rep'r Indexes respondent reversed Special Term statute street Supreme Court Surrogate's Court tenant testified testimony thereof tiff tion trial ordered trust undertenants verdict Westchester County witness York County
Σελίδα 78 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Σελίδα 93 - The defendant placed ... in question on the market for use, and the defendant knew, or in the exercise of reasonable care should have known...
Σελίδα 817 - A deposit by one person of his own money, in his own name as trustee for another, standing alone, does not establish an irrevocable trust during the lifetime of the depositor. It is a tentative trust merely, revocable at will, until the depositor dies or completes the gift in his lifetime by some unequivocal act or declaration such as delivery of the pass book or notice to the beneficiary.
Σελίδα 647 - The power of the State to provide for the general welfare of its people authorizes it to prescribe all such regulations as, in its judgment, will secure or tend to secure them against the consequences of ignorance and incapacity as well as of deception and fraud.
Σελίδα 750 - ... contained in this Act shall be deemed and taken to mean all corporations, companies or individuals now owning or operating, or which may hereafter own or operate any railroad, in whole or in part, in this State, and the provisions of this Act shall apply to all persons, firms and companies, and to all associations of persons, whether incorporated or otherwise, that shall do business as common carriers upon any of the lines of railroad in this State (street railways excepted), the same as to railroad...
Σελίδα 599 - A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Σελίδα 758 - ... nephews' ; but In legal language the question whether a gift Is one to a class depends, not upon these considerations, but upon the mode of gift Itself, namely, that It is a gift of an aggregate sum to a body of persons uncertain in number at the time of the gift, to be ascertained at a future time, and who are all to take in equal or in some other definite proportions ; the share of each being dependent for its amount upon the ultimate number of persons.
Σελίδα 80 - The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed.