Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volume 37Diossy, 1874 - Law reports, digests, etc |
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Results 1-5 of 62
Page 4
... issues in this case seem to have been fully , ably and fairly tried . They were determined upon a theory which in the main is correct . The facts found by the learned referee , although mostly found upon conflicting testimony , are ...
... issues in this case seem to have been fully , ably and fairly tried . They were determined upon a theory which in the main is correct . The facts found by the learned referee , although mostly found upon conflicting testimony , are ...
Page 14
... issues of fact in actions at law without a jury , and it was prescribed that the finding of a judge on such issues should in all respects have the same effect as the verdict of a jury thereon . Section 267 of the Code , as originally ...
... issues of fact in actions at law without a jury , and it was prescribed that the finding of a judge on such issues should in all respects have the same effect as the verdict of a jury thereon . Section 267 of the Code , as originally ...
Page 15
... issue by the answer , and which he is bound to establish by compe- tent testimony , before he can recover . Burger v . Baker ( 4 Abb . Pr . 14 ) , although decided prior to 1860 , is un- doubtedly good law upon this point at the present ...
... issue by the answer , and which he is bound to establish by compe- tent testimony , before he can recover . Burger v . Baker ( 4 Abb . Pr . 14 ) , although decided prior to 1860 , is un- doubtedly good law upon this point at the present ...
Page 34
... issue . We cannot say that the referee would have made the same report , if this evidence had been excluded , and consequently there is manifest justice , under the circumstances , in granting a new trial ( Williams v . Fitch , 18 N. Y. ...
... issue . We cannot say that the referee would have made the same report , if this evidence had been excluded , and consequently there is manifest justice , under the circumstances , in granting a new trial ( Williams v . Fitch , 18 N. Y. ...
Page 96
... issue without objecting . It must be set up by answer . McCormick v . Penn . Cen . R. R. Co. , 49 N. Y. 303 ; Nones v . Hope Ins . Co. , 8 Barb . 541 ; Baxter v . Arnold , 9 How . Pr . 445 ; Dale v . Manly , 11 Id . 138 ; Sullivan v ...
... issue without objecting . It must be set up by answer . McCormick v . Penn . Cen . R. R. Co. , 49 N. Y. 303 ; Nones v . Hope Ins . Co. , 8 Barb . 541 ; Baxter v . Arnold , 9 How . Pr . 445 ; Dale v . Manly , 11 Id . 138 ; Sullivan v ...
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adverse possession affidavit agreement alimony alleged amendment amount Appellant's points applied appointed arbitrator assessment attorney August Belmont Bank Barb bill cargo cause of action cents certificate certificate of deposit charge claim commissioners complaint concurred contract corporation counsel covenant damages decision deed defendant defendant's delivered dismissed dividends duties entitled evidence exception facts fendant FREEDMAN freight George Opdyke ground held hundred dollars indorsed interest judge judgment July 16 jurisdiction jury land lease liable lien March 27 ment Michigan Southern MONELL motion Northern Indiana Railroad old street Opdyke Opinion owner paid parties payment person plaintiff pleadings possession premises proceedings proof public instruction question received recover reference respondent rule SEDGWICK Sheridan special term Statement statute sufficient testimony thereof thousand dollars thousand six hundred tiff tion trial usury VAN VORST verdict VORST witness Woolley York
Popular passages
Page 69 - When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.
Page 559 - 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 270 - ... shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be thereafter contracted...
Page 562 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Page 135 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 535 - To render an appeal effectual for any purpose, in any case, a written undertaking shall be executed on the part of the appellant, by at least two sureties...
Page 566 - Private roads may be opened in. the manner to be prescribed by law ; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited.
Page 535 - ... the appellant will pay the amount directed to be paid by the judgment, or the part of such amount as to which the judgment shall be affirmed, if it be affirmed only in part, and all damages which shall be awarded against the appellant upon the appeal.
Page 366 - Generally, no contract can be rescinded by one of the parties, unless both can be restored to the condition in which they were before the contract was made.
Page 140 - The drawee of a bill is held bound to know the hand writing of his correspondent, the drawer ; and if he accepts or pays a bill in the hands of a bona fide holder for value, he is concluded by the act, although the bill turns out to be a forgery. If he has accepted he must pay, and if he has paid he cannot recover the money back. This is an exception to the general rule, that money paid under a mistake of fact may be recovered back. The exception is fully established.