The New York Supplement, Volume 8West Publishing Company, 1890 - Law reports, digests, etc "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
From inside the book
Results 1-5 of 91
Page 38
... jury to decide . That question was there- fore properly left to the jury . The argument of the plain- about the same amount of Upon the other question there is some doubt . tiff is that the clause in the mortgage " to keep stock on hand ...
... jury to decide . That question was there- fore properly left to the jury . The argument of the plain- about the same amount of Upon the other question there is some doubt . tiff is that the clause in the mortgage " to keep stock on hand ...
Page 43
... jury . 3. PROVINCE OF JURY - EXCEPTIONS . An objection to the court's directing a verdict is available under a general excep- tion , and a particular request to send the case to the jury is not necessary . Appeal from circuit court ...
... jury . 3. PROVINCE OF JURY - EXCEPTIONS . An objection to the court's directing a verdict is available under a general excep- tion , and a particular request to send the case to the jury is not necessary . Appeal from circuit court ...
Page 44
... jury to pass upon ; that the evidence given as to the terms of payment of the notes was in violation of the principle that contemporaneous parol stipulations , contradicting or varying the effect of a written instrument , cannot be ...
... jury to pass upon ; that the evidence given as to the terms of payment of the notes was in violation of the principle that contemporaneous parol stipulations , contradicting or varying the effect of a written instrument , cannot be ...
Page 51
... jury as to unreasonable neglect of the landlord to ascertain the condition of the premises . Appeal from circuit court , New York county . Action by Rosa Alperin against Bernard Earle for damages sustained on account of a defective roof ...
... jury as to unreasonable neglect of the landlord to ascertain the condition of the premises . Appeal from circuit court , New York county . Action by Rosa Alperin against Bernard Earle for damages sustained on account of a defective roof ...
Page 52
... jury that the landlord had some kind of a duty towards that roof , and that duty , so far as it can be stated , is , in law , to exercise the reasonable care which a prudent man does about his roof ; ' that it should be left to the ...
... jury that the landlord had some kind of a duty towards that roof , and that duty , so far as it can be stated , is , in law , to exercise the reasonable care which a prudent man does about his roof ; ' that it should be left to the ...
Other editions - View all
Common terms and phrases
affidavit affirmed agreement alleged amount answer Appeal from special appellant application Argued before BARKER assessment assignment attorney Bank bonds cause of action charge claim Code Civil Proc commissioners complaint concur contract corporation costs counsel creditors damages debt debtor deceased December December 11 December 30 deed defendant appeals defendant's denied duty easement entitled evidence execution executor fact fendant foreclosure fraud held injury intent January 24 judge judgment jury land Laws N. Y. lease liable lien ment Monroe county mortgage motion N. E. Rep N. Y. Supp negligence objection owner paid party payment person piculs plaintiff possession premises proceedings question reason received recover referred refused Rensselaer county respondent reversed rule special term statute street Supreme Court testator testified testimony thereof tiff tion town of Champlain trial trustees verdict wife witness York York City York county
Popular passages
Page 611 - 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 233 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to my beloved wife, to have and to hold to her, my said wife, and to her heirs and assigns forever.
Page 160 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of the title of the defendant.
Page 416 - ... such property by the appellant, he will not commit, or suffer to be committed, any waste thereon, and that if the judgment be affirmed, he will pay the value of the use and occupation of the property, from the time of the appeal until the delivery of possession thereof, pursuant to the judgment...
Page 577 - To the refusal of the court to charge as requested, and to the charge as given, the prisoner excepted.
Page 499 - ... 3. When it appears during the litigation that the defendant is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual.
Page 49 - If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose...
Page 537 - A person seized of an estate in remainder or reversion, may maintain an action founded upon an injury done to the inheritance, notwithstanding any intervening estate for life or for years.
Page 230 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 464 - 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.