Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volume 48Diossy, 1883 - Law reports, digests, etc |
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Results 1-5 of 87
Page 4
... fact a refusal by defendant to comply with the plaintiff's demand , upon which a cause of action at once arose in favor of the latter . The ignorance on the part of plaintiff of the facts on which the defend- ants based their claim of ...
... fact a refusal by defendant to comply with the plaintiff's demand , upon which a cause of action at once arose in favor of the latter . The ignorance on the part of plaintiff of the facts on which the defend- ants based their claim of ...
Page 8
... fact it was so applied , and a balance remaining over paid to the plaintiff , who received the same in full ... facts , accepted a check for a balance remaining in her favor , and several receipts in settlement of the question in ...
... fact it was so applied , and a balance remaining over paid to the plaintiff , who received the same in full ... facts , accepted a check for a balance remaining in her favor , and several receipts in settlement of the question in ...
Page 21
... fact William P. Earle took no steps to prevent James's further acting for the estate , and did not inform Mrs. Earle . Plaintiff and defendants , Ellen F. Flagg and Charles Statement of the Case . Earle and Mrs. Jardine , EARLE v ...
... fact William P. Earle took no steps to prevent James's further acting for the estate , and did not inform Mrs. Earle . Plaintiff and defendants , Ellen F. Flagg and Charles Statement of the Case . Earle and Mrs. Jardine , EARLE v ...
Page 22
... fact . Further facts appear in the opinion of the court below . Upon the facts the court found the following con- clusions of law : " I. That Charles B. Dodd is not a necessary party to this action . " II . That there should be a ...
... fact . Further facts appear in the opinion of the court below . Upon the facts the court found the following con- clusions of law : " I. That Charles B. Dodd is not a necessary party to this action . " II . That there should be a ...
Page 26
... fact is noted in the surrogate's decree , and that he was not relieved by the sanction of any court . Nor can I find in the evidence anything which could be taken as a renunciation or disclaimer , if the fact could be proved by ...
... fact is noted in the surrogate's decree , and that he was not relieved by the sanction of any court . Nor can I find in the evidence anything which could be taken as a renunciation or disclaimer , if the fact could be proved by ...
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Common terms and phrases
affirmed agent agreement alleged amendment amount Appeal from judgment appellant applied ARNOUX assignment attorney authority avenue bank Barb capital stock cause of action charge Civil Procedure claim clause Clyde & Co complaint concurred contract corporation costs counsel courts of equity covenant creditor Croton Aqueduct debt Decided December deed defendant defendant's duty Earle entitled equity evidence execution executors fact favor fendant fraud FREEDMAN and RUSSELL Grand Street Ferry held issue John judge judgment entered jury land lease liable lien Mayor ment motion negligence Opinion of FREEDMAN order denying paid parties payment performance person pier plaintiff premises proceedings provisions purchase question Railroad recover referred respondent Revised Statutes rule SEDGWICK Sixth avenue Railroad special term Statement statute of frauds stockholders street testator testimony thereof tion trial trust verdict Wend Western Union William York
Popular passages
Page 158 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 428 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 301 - ... to the effect that he will pay all costs and damages which may be awarded against him on the appeal not exceeding five hundred dollars.
Page 343 - ... before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Page 345 - If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time, and within six months from his death.
Page 500 - ... all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, and to the same, and every part and parcel thereof...
Page 336 - If a person against whom an action may be brought die before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his representatives after the expiration of that time, and within one year after the issuing of letters testamentary or of administration...
Page 79 - That no estate or interest in lands, other than leases for a term not exceeding one year...
Page 365 - To divide, withdraw, or in any manner pay to the stockholders, or any of them, any part of the capital stock of the corporation ; or to reduce such capital stock without the consent of the legislature ; or 3.
Page 347 - Civil actions can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, except where, in special cases, a different limitation is prescribed by statute, and in the cases mentioned in section seventy-three.