Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 187
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accept action affirmed agreed agreement alleged amount answer appellant application attorney authority Bank bonds Brown building cause of action chap charge City claim complaint consideration constitute contract corporation costs counsel court damages defendant defendant's delivered delivery denied Department determine directed district dollars effect entered entitled evidence ex rel executed fact favor finding fire follows further give granted ground held income intended interest issue judgment jury leave liability March Matter mortgage motion notes notice opinion paid parties payment performance person plaintiff present proceeding purchase question reason received recover referred refused relation respect respondent reversed rule says Second Special Term statute sufficient testified testimony thereof town trial trust United violation witness York
Page 386 - Intend. (1) Where there is a contract to sell specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. (2) For the purpose of ascertaining the intention of the parties, regard shall be had to the terms of the contract, the conduct of the parties, usages of trade and the circumstances of the case.
Page 568 - Provided, however, That if the loss, damage or injury complained of was due to delay or damage while being loaded or unloaded, or damaged in transit by carelessness or negligence, then no notice of claim nor filing of claim shall be required as a condition precedent to recovery.
Page 383 - ... goods to be manufactured or acquired by the seller after the making of the contract of sale, in this Act called
Page 233 - Fifty-seventh street, at a yearly rental of $38,000, payable " in equal monthly installments in advance on the first day of each and every month during the term of said lease," and for a period of ten years from October 1, 1917.
Page 44 - The authorities from the earliest time to the present unanimously hold that no court will lend its assistance in any way towards carrying out the terms of an illegal contract.
Page 28 - Sections seventeen and eighteen of this article shall not apply to any bill or the amendments to any bill which shall be reported to the Legislature by commissioners' who have been appointed pursuant to law to revise the statutes.
Page 977 - Claims for loss, damage, or delay must be made in writing to the carrier at the point of delivery or at the point of origin within four months after delivery of the property, or, in case of failure to make delivery, then within four months after a reasonable time for delivery has elapsed. Unless claims are so made the carrier shall not be liable.
Page 141 - ... and may determine who is entitled to the same, and direct to whom the same shall be paid ; and may, in its discretion, order a reference to ascertain the facts on which such determination and order are to be made.
Page 37 - An obligation will be enforced, though indirectly connected with an illegal transaction, if it is supported by an independent consideration, so that the plaintiff does not require the aid of the illegal transaction to make out his case.
Page 772 - shall include cars and other vehicles and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof and all services in connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, storage, and handling of property transported...