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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Results 1-5 of 96
Page iii
... DOWLING . 64 WALTER LLOYD SMITH . 64 ALFRED R. PAGE . 66 EDGAR S. K. MERRELL . 44 EUGENE A. PHILBIN . * SAMUEL GREENBAUM . Second Department . HON . ALMET F. JENKS , P. J. 66 66 .6 ( 6 66 ISAAC N. MILLS . ADELBERT P. RICH . HARRINGTON ...
... DOWLING . 64 WALTER LLOYD SMITH . 64 ALFRED R. PAGE . 66 EDGAR S. K. MERRELL . 44 EUGENE A. PHILBIN . * SAMUEL GREENBAUM . Second Department . HON . ALMET F. JENKS , P. J. 66 66 .6 ( 6 66 ISAAC N. MILLS . ADELBERT P. RICH . HARRINGTON ...
Page 4
... DOWLING and PAGE , JJ . , concur ; CLARKE , P. J. , and SMITH , J. , dissent . CLARKE , P. J. ( dissenting ) : The trial was before a justice of the Municipal Court without a jury . At the close of the whole case he gave judgment for ...
... DOWLING and PAGE , JJ . , concur ; CLARKE , P. J. , and SMITH , J. , dissent . CLARKE , P. J. ( dissenting ) : The trial was before a justice of the Municipal Court without a jury . At the close of the whole case he gave judgment for ...
Page 30
... DOWLING , MERRELL and PHILBIN , JJ . , concur . Judgment reversed , with costs , and complaint dismissed , with costs . Settle order on notice . ABRAHAM L. SCHEFF and PHILIP HORINSTEIN , Copartners Trading under the Firm Name and Style ...
... DOWLING , MERRELL and PHILBIN , JJ . , concur . Judgment reversed , with costs , and complaint dismissed , with costs . Settle order on notice . ABRAHAM L. SCHEFF and PHILIP HORINSTEIN , Copartners Trading under the Firm Name and Style ...
Page 33
... DOWLING , MERRELL and PHILBIN , JJ . , concur . Order reversed , with ten dollars costs and disbursements , and motion granted , with ten dollars costs . SMART SET SPECIALTY CLOTHING COMPANY , INC . , Respondent , v . FRANKLIN KNITTING ...
... DOWLING , MERRELL and PHILBIN , JJ . , concur . Order reversed , with ten dollars costs and disbursements , and motion granted , with ten dollars costs . SMART SET SPECIALTY CLOTHING COMPANY , INC . , Respondent , v . FRANKLIN KNITTING ...
Page 58
... DOWLING , SMITH and PHILBIN , JJ . , concur . Order reversed , with costs , verdict reinstated and judgment ordered to be entered thereon , with costs . HARRY M. LEVY , Appellant , v . JOSEPH CORN , Respondent . ( Appeal No. 2. ) First ...
... DOWLING , SMITH and PHILBIN , JJ . , concur . Order reversed , with costs , verdict reinstated and judgment ordered to be entered thereon , with costs . HARRY M. LEVY , Appellant , v . JOSEPH CORN , Respondent . ( Appeal No. 2. ) First ...
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Popular passages
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 756 - A against the railroad company for damages it was held that the relation of master and servant did not exist between the plaintiff and...
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...
Page 606 - It is hereby stipulated by and between the parties hereto, through their counsel and attorneys, that the statutory provision for the Referees...