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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Page 56
... jury to have exhibits . exhibits- It was error for the court to set aside a verdict in favor of the plaintiff on any ... jury were justified in refusing to believe the defendant's witnesses . The right of a jury in a civil action to take ...
... jury to have exhibits . exhibits- It was error for the court to set aside a verdict in favor of the plaintiff on any ... jury were justified in refusing to believe the defendant's witnesses . The right of a jury in a civil action to take ...
Page 57
... jury by plain- tiff's counsel without the knowledge or consent of the defend- ant or his counsel . After considerable discussion of the latter ground , during which some members of the jury were inter- rogated , the justice set aside ...
... jury by plain- tiff's counsel without the knowledge or consent of the defend- ant or his counsel . After considerable discussion of the latter ground , during which some members of the jury were inter- rogated , the justice set aside ...
Page 58
... jury , and they are taken into the jury room , a verdict against the defendant will not be set aside unless it can be shown that the defendant was thereby prejudiced . ( People v . Dolan , 186 N. Y. 4 , 15. ) These exhibits were ...
... jury , and they are taken into the jury room , a verdict against the defendant will not be set aside unless it can be shown that the defendant was thereby prejudiced . ( People v . Dolan , 186 N. Y. 4 , 15. ) These exhibits were ...
Page 79
... jury to find in the affirmative on the issues as to whether the testatrix signed the letter at the end thereof in the presence of attesting witnesses or acknowledged to them that she had signed it , and left to the jury the issues as to ...
... jury to find in the affirmative on the issues as to whether the testatrix signed the letter at the end thereof in the presence of attesting witnesses or acknowledged to them that she had signed it , and left to the jury the issues as to ...
Page 87
... jury found that it was intended that the delivery to the plaintiff of the stock purchased from the third person was the stock that the defendant had agreed to deliver to the plaintiff then there could be no recovery . CLARKE , P. J. ...
... jury found that it was intended that the delivery to the plaintiff of the stock purchased from the third person was the stock that the defendant had agreed to deliver to the plaintiff then there could be no recovery . CLARKE , P. J. ...
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affd agreement alleged amended amount appellant April attorney award bank bonds Bronx cause of action certificate chap charge Civil Procedure claim Commission complaint concur contract contributory negligence corporation costs and disbursements counsel court of equity damages death deceased decedent defendant defendant's denied dismissed dollars costs Dowling employee entitled evidence ex rel executors fact granted held Impleaded injury Judgment and order jury Laughlin lease March Matter Merrell and Philbin mortgage motion negligence opinion Order affirmed paid parties payment person plaintiff premises Present Clarke proceedings purchase question real property received recover Respondent Second Department Shepard & Co Shonts Smith Special Term specific performance statute subd Supreme Court ten dollars costs tenant testator testimony thereof Third Department tion trial trust company ultra vires verdict Workmen's Compensation Law York
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...