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action affirmed agreement alleged allowed amount answer APPEAL apply APRIL TERM assessment assignment authority Bank Barb bill bond brought cause charge claim Code complaint concurred contract corporation costs court damages DANIELS Davis defendant defendant's denied directed duty effect entered entitled error evidence exceptions execution executors existence fact favor FOURTH give given granted ground held injury intent interest issue JAMES Johns judgment JUNE jury land liable MARCH TERM matter Mayor mortgage motion necessary notice objection opinion owner paid parties passed payment performance person plaintiff possession premises Present proceedings proof proved purchase question railroad reason received recover referee relation respect respondent reversed rule Smith Special Term statute street sufficient suit taken THIRD DEPARTMENT tion trial trustee verdict Wend York
Page 174 - any married woman may carry on any trade or business, and perform any labor or services, on her sole and separate account, and the earnings of any married woman from her trade, business, labor, or services shall be her sole and separate property, and may be used and invested by her in her own name.
Page 113 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.
Page 5 - ... and to especially inquire and examine whether the fire was the result of carelessness or the act of an incendiary.
Page 858 - In all criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Page 104 - Where any building, which is leased or occupied, is destroyed or so injured by the elements, or any other cause as to be untenantable, and unfit for occupancy, and no express agreement to the contrary has been made in writing, the lessee or occupant may, if the destruction or injury occurred without his fault or neglect, quit and surrender possession of the leasehold premises...
Page 99 - Where a drawee to whom a bill is delivered for acceptance destroys the same, or refuses within twenty-four hours after such delivery, or within such other period as the holder may allow, to return the bill accepted or nonaccepted to the holder, he will be deemed to have accepted the same.
Page 582 - The defendant may set forth by answer as many defenses and counterclaims as he may have, whether they be such as have been heretofore denominated legal or equitable, or both.
Page 290 - Every power of disposition by means of which the grantee is enabled, in his lifetime, to dispose of the entire fee for his own benefit, is deemed absolute.