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134 New York affidavit affirmed agreement alleged amended amount Appeal from Special Appellate Division application attorney authority cause of action Cent certificate charge Civil Procedure claim Code Civ complaint concur constitute construction contract corporation costs counsel damages death deceased defendant defendant's demurrer denied district election entitled evidence executor fact filed fraud Frederick Cook granted held intent interest intestate issue judgment jury Kings County land liable lien ment mortgage motion N. Y. Supp negligence Note.—For notice owner paid parties payment person plaintiff premises proceedings purpose Putnam question railroad real estate reason recover respondent reversed Special Term statute street supervisors supra Supreme Court Surrogate's Court testator thereof tion town trial trust vote William Henry White York County York State Reporter
Page 339 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Page 557 - Future estates are either vested or contingent. They are vested, when there is a person in being, who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate.
Page 655 - To purchase, hold and use all such real estate and other property as may be necessary for the construction and maintenance of its railroad, and the stations and other accommodations necessary to accomplish the objects of its incorporation...
Page 409 - In pleading the performance of a condition precedent in a contract, it is not necessary to state the facts constituting performance ; but the party may state, generally, that he, or the person whom he represents, duly performed all the conditions on his part.
Page 576 - Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only.
Page 576 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 429 - ... person, association, or corporation, or as a public officer, or as a person authorized by agreement, or by competent authority, to hold or take such possession, custody, or control, any money, property, evidence of debt or contract, article of value of any nature, or thing in action or possession, appropriates the same to his own use, or that of any other person other than the true owner or person entitled to the benefit thereof, Steals such property, and is guilty of larceny.
Page 553 - Where there has been an actual continued occupation of premises, under a claim of title, exclusive of any other right, but not founded upon a written instrument, or a judgment or decree, the premises so actually occupied, and no others, are deemed to have been held adversely.