Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 191
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action affirmed agreed agreement alleged amount answer appellant apply attorney authority award bank bonds building cause certificate chap charge claim Clarke Commission Compensation complaint concur condition construction contract corporation counsel court damages death deceased defendant defendant's delivered denied determination directed dismissed dollars costs Dowling effect entered entitled evidence ex rel execution fact favor follows further given granted ground held injury intended interest issue judgment jury land Laughlin lease March material Matter Merrell motion negligence opinion paid parties payment performance person plaintiff premises Present proceedings purchase question reason received recover relator Respondent reversed rule Second Department Smith Special specific statute street Supreme Court Term thereof Third Department tion trial trust witness York
Page 694 - That in all actions hereafter brought against any common carriers to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery where his contributory negligence was slight and that of the employer was gross in comparison, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee. All questions...
Page 819 - Where there is a contract for the sale of goods to be delivered by stated instalments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more instalments...
Page 53 - ... shall not be enforceable by action unless the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Page 315 - The commissioner, board, referee or deputy commissioner in making an investigation or inquiry or conducting a hearing shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter; but may make such investigation or inquiry or conduct such hearing in such manner as to ascertain the substantial rights of the parties.
Page 225 - The certificate of incorporation of any corporation may contain any provision for the regulation of the business and the conduct of the affairs of the corporation, and any limitation upon its powers, or upon the powers of its directors and stockholders, which does not exempt them from the performance of any obligation or the performance of any duty imposed by law.
Page 15 - personal injury" mean only accidental injuries arising out of and in the course of employment and such disease or infection as may naturally and unavoidably result therefrom.
Page 51 - A contract to sell or a sale of any goods or choses in action of the value of fifty dollars or upwards shall not be enforceable by action unless the buyer shall accept part of the goods or choses in action so contracted to be sold...
Page 708 - ... without ascertaining by diligent inquiry that the person selling or delivering the same has a legal right to do so...