Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 183
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action affirmed agreed agreement alleged amount Appellant application attorney authority bank building cause of action chap charge claim Clarke clerk Code Commission COMPANY complaint concurred condition construction contract corporation counsel court damages Davis death decision defendant defendant's demand denied determined directed directors dismissed district dollars costs Dowling easements effect entered entitled evidence examination executed fact favor finding follows Fourth further granted ground held injury interest issue judgment July jury Laughlin March Matter motion necessary negligence notice opinion paid parties payment performance person plaintiff premises Present proceeding purchase question railroad reason received recover reference respect Respondent reversed rule Second Department Shearn Smith Special statute street Term Third Department trial Trust verdict York
Page 47 - Company, the petitioner named in the foregoing petition ; that he has read the foregoing petition and knows the contents thereof; that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Page 138 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision.
Page 83 - It Is now very well settled that a corporation cannot avail itself of the defense of ultra vires when the contract has been in good faith fully performed by the other party, and the corporation has had the full benefit of the performance and of the contract.
Page 262 - ... shall not be examined as a witness in his own behalf or interest, or in behalf of the party succeeding to...
Page 120 - That any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this act, shall to that extent be void...
Page 725 - To the refusal of the court to charge as requested, and to the charge as given, the plaintiff excepted.
Page 799 - This action was brought to recover damages for the death of plaintiff's intestate alleged to have been caused by the negligence of defendant.
Page 374 - To the above named defendant : You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer on the plaintiff's attorney within twenty days after the service of this summons, exclusive of the day of service ; and in case of your failure to appear or answer, judgment will be taken against you by default, for the relief demanded in the complaint.
Page 122 - ... there is not here involved any attempt by Congress to enlarge or regulate the jurisdiction of state courts or to control or affect their modes of procedure, but only a question of the duty of such a court, when its ordinary jurisdiction, as prescribed by local laivs, is appropriate to the occasion...
Page 217 - For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States ; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas ; nor while a student of any seminary of learning...