Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 26 |
Contents
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Common terms and phrases
affirmed agent agreement alleged amount answer assignment attorney authority Bank Beadleston & Worz BRUNT building cause of action charge claim clerk concurred contract contributory negligence corporation costs and disbursements counsel Court in favor court of equity creditors damages deceased defendant defendant's delivered denied directed DIV.-VOL dollars costs draft entitled evidence ex rel executors fact FEBRUARY TERM furnished George Schwarz granted Hagemeyer held Impleaded INGRAHAM injury issued judgment jury Kings County lease liability lien MARCH TERM matter ment mortgage motion Mount Vernon negligence notice owner paid parties payment person plaintiff premises provisions purchase question reason received recover reference relator Respondent reversed roundsman rule SECOND DEPARTMENT South Hutchinson statute street Supreme Court sustained testator testified testimony thereof Third Avenue Railroad tion transfer trial trust verdict witness XXVI YORK ex rel
Popular passages
Page 523 - But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit.
Page 92 - This policy shall be canceled at any time at the request of the insured ; or by the company by giving five days' notice of such cancellation. If this policy shall be canceled as hereinbefore provided, or become void or cease, the premium having been actually paid, the unearned portion shall be returned on surrender of this policy or last renewal, this company retaining the customary short rate; except that when this policy is canceled by this company by giving notice it shall retain only the pro...
Page 547 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 263 - A motion to dismiss the complaint for lack of proof had been seasonably made at the close of the plaintiff's case and again at the close of all the evidence, and decision thereon had been reserved, with the consent of the parties, until after verdict.
Page 474 - If the subsequent crime is such that, upon a first conviction, the offender would be punishable by imprisonment for any term less than his natural life, then such person must be sentenced to imprisonment for a term not less than the longest term, nor more than twice the longest term, prescribed upon a first conviction.
Page 562 - Mass. 537) it was held that a subsequent statute revising the whole subject-matter of a former one, and evidently intended as a substitute for it, although it contains no express words to that effect, must, upon principles of law, as well as in reason and common sense, operate to repeal the former.
Page 67 - An appeal must be taken by serving upon the attorney for the adverse party, and upon the clerk with whom the judgment or order appealed from is entered, by filing it in his office, a written notice to the effect that the appellant appeals from the judgment or order or from a specified part thereof.
Page 522 - As we understand the rule in respect to the conclusiveness of the verdict and judgment in a former trial between the same parties, when the judgment is used in pleading as a technical estoppel, or is relied on by way of evidence as conclusive per...
Page 68 - An appeal, authorized by the last section, must be taken within thirty days after service, upon the attorney for the appellant, of a copy of the judgment, and written notice of the entry thereof.
Page 25 - At the close of the plaintiff's case the defendant moved for a nonsuit...