Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volume 40Diossy, 1876 - Law reports, digests, etc |
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Common terms and phrases
affidavit affirmed agreement alleged amount answer appellant Appellant's points assignment attorney authority baggage Barb bill Billy Simpson Bowery Savings Bank cause of action cents certificate charge chose in action claim Code concurred contract contributory negligence corporation costs counsel for appellant creditor CURTIS and SEDGWICK damages debts Decided December decision DEFENDANT AND APPELLANT defendant's delivered delivery draft entitled evidence examination execution facts favor fendant FREEDMAN granted ground held hundred injunction interest Island Ferry Company issue judgment debtor June 16 jury liable ment MONELL motion negligence notary notary public notice objection Opinion paid party payment person PLAINTIFF AND RESPONDENT portmanteau premises present proceedings proof question received recover referred refused reversed rule sheriff special term SPEIR Statement Staten Island Ferry statute sufficient testified testimony thereof thousand dollars tiff tion trial usury verdict Wend witness York York Island
Popular passages
Page 202 - evidence,' In legal acceptation, Includes all the means by which any alleged matter of fact, the truth of which Is submitted to Investigation, Is established or disproved.
Page 418 - People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes, that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof...
Page 267 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 89 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 506 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words ; or unless the context evidently points out that they must in the particular instance...
Page 73 - If irrelevant or redundant matter be inserted in a pleading, it may be stricken out, on motion of any person aggrieved thereby. And when the allegations of a pleading are so indefinite or uncertain that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain, by amendment.
Page 101 - 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. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Page 36 - ... shall have the same effect as a lien, and be enforced in the same manner as, and be deemed, a judgment of the court of common pleas for the city and county of New York.
Page 241 - The people of this State, in their right of sovereignty, are deemed to possess the original and ultimate property in and to all lands within the jurisdiction of the State...
Page 30 - For any violation of this provision, such sheriff or other officer shall be liable to an action at the suit of any party aggrieved...