N.Y. Weekly Digest of Cases Decided in the N.Y. Court of Appeals, and General Terms of the N.Y. Supreme, Common Pleas and Superior Courts, the Appellate Courts of the Other States, and the U.S. Supreme Court, Volume 20
McDivitt, Campbell & Company, 1885 - Law reports, digests, etc
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Action to recover action was brought affidavit agreement alleged amount Appeal from judgment applt assignment attorney bank Barb Barker bond Bradley cause of action charge claim commissioners complaint concur contract costs Court of Appeals creditors damages debt deceased Decided Jan Decided Oct deed defendant defendant's entitled error evidence executed executor fact fendant Fifth Dept foreclosure fraud granted Haight Held husband insured judg Judgment affirmed judgment entered jury land lease liable lien ment mortgage motion N. Y. Court N. Y. Supreme Court negligence Opinion Order affirmed owner paid parties payment person plain plaintiff possession premises proceedings promissory note proof purchase question Rapallo real estate received referee refused respt reversed Smith sold Special Term statute statute of frauds statute of limitations street testator testified thereof tiff tion trial trust verdict Wend wife witness XVIII
Page 421 - Be it enacted, etc., that no person, firm, or corporate body shall manufacture out of any oleaginous substance or any compound of the same, other than that produced from unadulterated milk or of cream from the same, any article designed to take the place of butter or cheese produced from pure unadulterated milk, or cream from the same...
Page 361 - People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes, that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof...
Page 173 - ... and shall also produce a certificate, under the hand and seal of a magistrate or notary public nearest to the place of the fire (not concerned in the loss as a creditor or otherwise, nor related to the assured), stating that he has examined the circumstances attending the loss, knows the character and circumstances of the assured, and verily believes that the assured...
Page 560 - ... or withheld by him may be proved and allowed as debts to the amount of the value of the property so taken or withheld, with interest.
Page 243 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Page 70 - And it is further provided in the policy that "if the interest of the assured in the property be any other than the entire, unconditional and sole ownership of the property for the use and benefit of the assured, or if the building insured stands upon leased ground, it must be so represented to the company, and so expressed in the written part of this policy; otherwise, the policy shall be void.
Page 387 - Where the facts can be placed before a jury, and they are of such a nature that jurors generally are just as competent to form opinions in reference to them and draw inferences from them as witnesses, then there is no occasion to resort to expert or opinion evidence.
Page 259 - ... and described premises, with the appurtenances, unto the said party of the second part, his heirs and assigns, to his and their own proper use, benefit and behoof, forever...
Page 298 - The plea of ultra vires should not as a general rule prevail, whether interposed for or against a corporation, when it would not advance justice, but on the contrary would accomplish a legal wrong.
Page 440 - Where an absolute power of disposition, not accompanied by any trust, shall be given to the owner of a particular estate, for life or years, such estate shall be changed into a fee, absolute in respect to the rights of creditors and purchasers, but subject to any future estates limited thereon, in case the power should not be executed, or the lands should not be sold for the satisfaction of debts.