Reports of Cases Heard and Determined in the Supreme Court of the State of New York, Volume 81; Volume 88Banks & Bros., 1894 - Law reports, digests, etc |
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Common terms and phrases
action brought affidavit agreement alleged amount authority Bank BRADLEY brought to recover BRUNT cause of action charge Civil Procedure claim clerk Code of Civil complaint concurred contract contributory negligence corporation costs and disbursements Court in favor court of equity creditors debtor deceased defendant defendant's delivered demurrer denied dollars costs entitled equity evidence execution executors fact FIFTH DEPARTMENT George Steel granted HAIGHT held HUN-VOL Impleaded indorsed insolvent issue Judgment affirmed Judgment and order judgment debtor jurisdiction jury lease liability LXXXI ment Monroe county mortgage motion negligence Nicholson & Sons NOVEMBER TERM OCTOBER TERM order appealed owner paid parties payment person plaintiff possession premises proceedings promissory note question railroad real estate reason received referred rendered residuary estate Respondent statute Supreme Court Surrogate's Court taken testator testified thereof tion Toch trial trustees verdict witness York Special Term
Popular passages
Page 659 - No suit or action on this policy, for the recovery of any claim, shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 483 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 209 - An action is commenced against a defendant, within the meaning of any provision of this act which limits the time for commencing an action, when the summons is served on him or on a co-defendant who is a joint contractor or otherwise united in interest with him.
Page 16 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to my beloved wife, Susie E. Smith, to have and to hold to her, my said wife, and to her heirs and assigns forever.
Page 283 - ... acknowledged or proved, and certified, in like manner as a deed to be recorded...
Page 557 - ... shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares...
Page 122 - An appeal, taken from a final judgment, brings up for review, an interlocutory judgment, or an intermediate order, which is specified in the notice of appeal, and necessarily affects the final judgment...
Page 165 - This action was brought to recover damages for personal injuries, alleged to have been occasioned by the negligence of the defendant in operating a train upon its elevated railroad, upon which the plaintiff was a passenger. The particular negligence asserted by the plaintiff is a " jerk " or
Page 363 - But where, in such an action against two or more defendants, the plaintiff is entitled to costs against one or more, but not against all of them, none of the defendants are entitle'd to costs, of course. In that case, costs may be awarded, in the discretion of the court, to any defendant, against whom the plaintiff is not entitled to costs, where he did not unite in an answer, and was not united in interest, with a defendant, against whom the D'.aintiflf is entitled to costs.
Page 3 - It is the duty of persons who keep barrels in a warehouse to take care that they do not roll out, and I think that such a case would, beyond all doubt, afford prima facie evidence of negligence. A barrel could not roll out of a warehouse without some negligence, and to say that a plaintiff who is injured by it must call witnesses from the warehouse to prove negligence seems to me preposterous.