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) |
From inside the book
Results 1-5 of 94
Page 2
... testimony . Such a certificate , however , is not essential in an action tried by a jury , to authorize the ap- pellate court to review the exceptions to the rulings of the trial justice . Rosenstein v . Fox , 150 N. Y. 354 . The well ...
... testimony . Such a certificate , however , is not essential in an action tried by a jury , to authorize the ap- pellate court to review the exceptions to the rulings of the trial justice . Rosenstein v . Fox , 150 N. Y. 354 . The well ...
Page 3
... testimony is uncontradicted . The jury , however , believed the plaintiff's allegation that an account had been stated , and so found , as we have seen , by their verdict . The defendant , however , did not testify as to the nature of ...
... testimony is uncontradicted . The jury , however , believed the plaintiff's allegation that an account had been stated , and so found , as we have seen , by their verdict . The defendant , however , did not testify as to the nature of ...
Page 4
... testimony would have had some influence upon the jury . Moreover the refusal of the court to permit testimony as to the payment of ten dollars on the account was clearly preju- dicial to defendant . Kaminsky v . Mendelson , supra . For ...
... testimony would have had some influence upon the jury . Moreover the refusal of the court to permit testimony as to the payment of ten dollars on the account was clearly preju- dicial to defendant . Kaminsky v . Mendelson , supra . For ...
Page 5
... testimony of an Italian witness , not understanding English , called by the infant to show his age and what kind of an infant he was and whose testimony if it showed him to have been of tender age at the time of the injury might have ...
... testimony of an Italian witness , not understanding English , called by the infant to show his age and what kind of an infant he was and whose testimony if it showed him to have been of tender age at the time of the injury might have ...
Page 6
... testimony of two witnesses to the acci- dent , who were produced by the plaintiff , showed that the plaintiff was guilty of contributory negligence . Assuming for a moment that such claim would be tenable if the plain- tiff had been an ...
... testimony of two witnesses to the acci- dent , who were produced by the plaintiff , showed that the plaintiff was guilty of contributory negligence . Assuming for a moment that such claim would be tenable if the plain- tiff had been an ...
Other editions - View all
Common terms and phrases
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.