Miscellaneous Reports. Cases Decided in the Courts of Record of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Volume 43New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) Lawyers Co-operative Publishing Company, 1904 - Law reports, digests, etc "Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly) |
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Page xxxi
... rule 14 619 General Rules of Practice , rule 37 618 ..... THE MISCELLANEOUS REPORTS OF THE STATE OF NEW YORK . GENERAL RULES OF PRACTICE CITED . xxxi 309 Sheehan App Div 170.
... rule 14 619 General Rules of Practice , rule 37 618 ..... THE MISCELLANEOUS REPORTS OF THE STATE OF NEW YORK . GENERAL RULES OF PRACTICE CITED . xxxi 309 Sheehan App Div 170.
Page 2
... rule that an account stated can only be attacked for fraud , mistake or manifest error does not apply in a case where the existence of such account stated is de- nied . Kaminsky v . Mendelson , 25 Misc . Rep . 500. Under the answer of a ...
... rule that an account stated can only be attacked for fraud , mistake or manifest error does not apply in a case where the existence of such account stated is de- nied . Kaminsky v . Mendelson , 25 Misc . Rep . 500. Under the answer of a ...
Page 6
... rule should be applied , and consequently the testimony of his mother , if taken , might have carried the case to the jury upon this point . Misc . ] Supreme Court , Appellate Term , February 6 MENELLA v . METROPOLITAN ST . R. CO .
... rule should be applied , and consequently the testimony of his mother , if taken , might have carried the case to the jury upon this point . Misc . ] Supreme Court , Appellate Term , February 6 MENELLA v . METROPOLITAN ST . R. CO .
Page 16
... rule for- bidding a person from splitting demands arising out of the same contract , as the lienor's failure to recover , upon the theory of performance , a part of his claim ought not to bar him from try- ing again on any other ground ...
... rule for- bidding a person from splitting demands arising out of the same contract , as the lienor's failure to recover , upon the theory of performance , a part of his claim ought not to bar him from try- ing again on any other ground ...
Page 18
... rule applies , or ought to apply , in this case . The plaintiff at- tempted to combine all his demands arising out of the entire transaction in a single suit , those on contract as well as those for extra work . He has not sought to vex ...
... rule applies , or ought to apply , in this case . The plaintiff at- tempted to combine all his demands arising out of the entire transaction in a single suit , those on contract as well as those for extra work . He has not sought to vex ...
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action affirmed alleged amount appellant to abide Appellate Term application April attorney Cattaraugus County Cayuga County Childs & Co City Court Civil Procedure claim Code Civ Code of Civil codicil complaint concur consent contract corporation counsel court of equity damages death deceased decedent default defendant defendant's denied dollars entitled evidence ex rel execution executors fact favor February fendant FREEDMAN grantor husband intention intestate issue judgment jurisdiction jury justice Kings County lease legacies legatee Manhattan March Matter ment Misc Monroe County mortgage motion Municipal Court Act N. Y. Supp paid parties payment person plaintiff premises proceedings question recover rendered Rensselaer County respondent Saratoga county signature Special Term statute street subdivision Supreme Court Surrogate's Court Tallman tenant testator testatrix testimony thereof tion trial ordered trustee verdict witness York
Popular passages
Page 482 - 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 324 - Stilted with greater elaboration, "a valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Page 267 - It shall be unlawful for any person, firm or corporation to employ any child under fourteen years of age in any business or service whatever, during any part of the term during which the public schools of the district in which the child resides are in session.
Page 58 - Story, in Miller v. Stewart, 9 Wheat. 703, 6 L. Ed. 1S9, expresses the general proposition of law in relation to the liability of sureties as follows: "Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended by implication beyond the terms of his contract.
Page 361 - ... to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein...
Page 627 - Contractor, then the time herein fixed for the completion of the work shall be extended for a period equivalent to the time lost by reason of any or all...
Page 312 - That the consent of one of the parties was obtained by force, duress, or fraud.
Page 605 - ... judgment debtor, and on presentation of such execution by the officer to whom delivered for collection to the person or persons from whom such wages, debts, earnings, salary, income from trust funds or profits...
Page 625 - IX. It is hereby mutually agreed between the parties hereto that the sum to be paid by the Owner to the Contractor for said work and materials shall be _ subject to additions and deductions as hereinbefore provided...
Page 476 - ... subject- however, to confirmation or modification by the surrogate. Such a referee has the same power, and is entitled to the same compensation as a referee appointed by the supreme court, for the trial of an issue of fact in an action ; and the provisions of this act, applicable to a reference by the supreme court, apply to a reference, made as prescribed in this section, so far as they can be applied in substance without regard to the form of the proceeding.