Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volume 58Diossy, 1891 - Law reports, digests, etc |
Other editions - View all
Common terms and phrases
affidavit affirmed agreement alleged amended amount Appellant's points application assessment assignment attorney authority bond breach cause of action charge Civil Procedure claim Code complaint concurred contract conveyance corporation counsel Court of Appeals Curtis damages death fund Decided decision defendant defendant's DUGRO easement elevator entitled evidence execution executors facts favor fendant filed foreclosure FREEDMAN granted Harlem River held INGRAHAM issue judgment entered June 27 jurisdiction jury lien lis pendens matter Mayor mechanic's lien ment mortgage motion negligence O'GORMAN Opinion order appealed owner Pacific Telegraph Company paid party payment person plaint plaintiff power in trust premises proof purchasers question Racey railroad act Railway real estate reason recover referee referred refused res adjudicata respondent Respondent's points reversed rule Schipper SEDGWICK special term Statement statute street sufficient surrogate testator testimony tion trial judge TRUAX Tufts verdict witness York
Popular passages
Page 291 - Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court...
Page 457 - But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of onehalf in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Page 445 - Corporations may be formed under general laws ; but shall not be created by special act,, except for municipal purposes, and in cases where in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws. All general laws and special acts passed pursuant to this section, may be altered from time to time, or repealed.
Page 475 - Express trusts may be created for any or either of the following purposes : " 1. To sell lands for the benefit of creditors. " 2. To sell, mortgage or lease lands for the benefit of legatees, or for the purpose of satisfying any charge thereon. " 3. To receive the rents and profits of lands, and apply them to the use of any person during the life of such person, or for any shorter term, subject to the rules prescribed in the first article of this title.
Page 511 - To regulate the time and manner in which passengers and property shall be transported, and the compensation to be paid therefor ; but such compensation, for any passenger and his ordinary baggage, shall not exceed three cents per mile.
Page 409 - ... if it is satisfied that justice will be thereby promoted, and the rights of the parties more satisfactorily ascertained and established ; but not otherwise.
Page 38 - I think it may be taken that the fair result of them is as I have stated, viz. that the true question is whether the acts and conduct of the party evince an intention no longer to be bound by the contract. Now, nonpayment on the one hand, or nondelivery on the other, may amount to such an act, or may be evidence for a jury of an intention wholly to abandon the contract and set the other party free.
Page 260 - The court may determine any controversy between parties before it when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 319 - ... the actual possession of a person claiming under a title adverse to that of the grantor...
Page 123 - In case of any other transfer of interest the action shall 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.