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 64
Page 17
... present action is for an accounting for an alleged partnership adventure . Issues were tried by a jury and determined in favor of the plaintiff , and there- upon the plaintiff proceeded to the final hearing . Finally , upon all the ...
... present action is for an accounting for an alleged partnership adventure . Issues were tried by a jury and determined in favor of the plaintiff , and there- upon the plaintiff proceeded to the final hearing . Finally , upon all the ...
Page 57
... present claim , is evident from the fact , that the deposits were nearly all the time below the amount of the acceptances , after June 11 , 1878 - at one time running as low as $ 17,000 ; and from the further fact that daily drafts were ...
... present claim , is evident from the fact , that the deposits were nearly all the time below the amount of the acceptances , after June 11 , 1878 - at one time running as low as $ 17,000 ; and from the further fact that daily drafts were ...
Page 78
... presents the anomalous feature of a party guilty of fraud appealing to a court of equity to as- sist him to consummate it . In the third place , the conclusions arrived at by the learned referee are erroneous , because the alleged agree ...
... presents the anomalous feature of a party guilty of fraud appealing to a court of equity to as- sist him to consummate it . In the third place , the conclusions arrived at by the learned referee are erroneous , because the alleged agree ...
Page 89
... presents striking similar- ities with the case at bar . Assuming , therefore , that there was such an agree- ment between the parties as found by the referee , and that the plaintiff performed his portion of it , yet such part ...
... presents striking similar- ities with the case at bar . Assuming , therefore , that there was such an agree- ment between the parties as found by the referee , and that the plaintiff performed his portion of it , yet such part ...
Page 98
... present themselves - the first relating to the question of willfulness , and the second to the question of damages . Upon the first , the learned judge who presided at the trial , charged : " I charge you , gentlemen of the jury , that ...
... present themselves - the first relating to the question of willfulness , and the second to the question of damages . Upon the first , the learned judge who presided at the trial , charged : " I charge you , gentlemen of the jury , that ...
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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.