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134 New York action affirmed agreement alleged amended amount appeal application attorney authority building cause Cent charge claim Code complaint condition constitute construction contract corporation costs damages death deceased defendant denied determined direct Division duty effect election entitled evidence executor fact filed follows give given granted ground held intent interest issue judgment jury land lien limited matter mortgage motion N. Y. Supp necessary notice objection opinion owner paid parties payment performance person plaintiff possession premises present proceeding question railroad reason received recover referred relator respect respondent reversed rule securities share Special Term statute street sufficient Supreme Court taken Term thereof tion town trial trust vote York State Reporter
Page 319 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Page 535 - Future estates are either vested or contingent. They are vested, when there is a person in being, who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate.
Page 633 - To purchase, hold and use all such real estate and other property as may be necessary for the construction and maintenance of its railroad, and the stations and other accommodations necessary to accomplish the objects of its incorporation...
Page 389 - In pleading the performance of a condition precedent in a contract, it is not necessary to state the facts constituting performance ; but the party may state, generally, that he, or the person whom he represents, duly performed all the conditions on his part.
Page 554 - Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only.
Page 554 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 409 - ... person, association, or corporation, or as a public officer, or as a person authorized by agreement, or by competent authority, to hold or take such possession, custody, or control, any money, property, evidence of debt or contract, article of value of any nature, or thing in action or possession, appropriates the same to his own use, or that of any other person other than the true owner or person entitled to the benefit thereof, Steals such property, and is guilty of larceny.
Page 531 - Where there has been an actual continued occupation of premises, under a claim of title, exclusive of any other right, but not founded upon a written instrument, or a judgment or decree, the premises so actually occupied, and no others, are deemed to have been held adversely.