Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 141 |
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abide the event accident Act Laws affd alleged amount appellant assessment attorney Bank BURR cause of action chap charge Civil Procedure claim clerk Company complaint concurred contract costs and disbursements costs to abide Court in favor damages deceased December 30 defendant defendant's demurrer denied dismiss dissented dollars costs DOWLING duty employee entered entitled evidence ex rel executors fact HIRSCHBERG Impleaded INGRAHAM injury JENKS Judgment affirmed Judgment and order jury Kings County liability lien Matter mechanic's lien ment mortgage motion negligence November opinion Order affirmed owner paid parties payment person plaintiff premises question railroad reason received recover residuary estate respondent RICH and CARR Second Department Special Term statute Statute of Frauds street Supreme Court Surrogate's Court testator testified testimony thereof tion trial granted trust verdict WOODWARD York
Popular passages
Page 381 - Should the Contractor at any time refuse or neglect to supply a sufficiency of properly skilled workmen, or of materials of the proper quality, or fail in any respect to prosecute the work wIth promptness and diligence, or fail in the performance of any of the agreements herein contained, such refusal, neglect or failure being certified by the Architects, the Owner shall be at liberty, after three days...
Page 402 - Where, after the passage of this act, personal injury is caused to an employee, who Is himself in the exercise of due care and diligence at the time : — (1) By reason of any defect in the condition of the ways, works or machinery connected with or used in the business of the employer...
Page 824 - No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation ; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes.
Page 91 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were negotiable. But a holder who derives his title through a holder in due course...
Page 90 - Miller was a real or fictitious individual." as though determined by the supreme court itself. (Bridges v. Fisk, 53 Cal. App. 117 [200 Pac. 71].) [3] Appellant also insists that it was error on the part of the trial court to permit...
Page 358 - States, that the measure of damages is the difference between the contract price and the market value of the...
Page 418 - And the appellate court may order a new trial if it be satisfied that the verdict against the prisoner was against the weight of evidence, or against law, or that justice requires a new trial ; whether any exception shall have been taken or not, in the court below.
Page 365 - An action against a foreign corporation may be maintained by a resident of the State, or by a domestic corporation, for any cause of action. An action against a foreign corporation may be maintained by another foreign corporation, or by a nonresident, in one of the following cases only : 1.
Page 95 - ... a reversal of the judgment and the granting of a new trial as to all of the defendants.
Page 733 - That the party of the first part has hereby let and rented to the party of the second part...