Howard's Practice Reports: Containing Cases Under the Code of Civil Procedure and the General Practice of the State of New York, Selected from Decisions of All the Courts, with Notes, Том 3W.C. Little & Company, 1886 |
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Страница 36
... contract pleaded by the defendant and relied on by him as a defense to the action . General Term , December , 1885 . Before MCADAM , C. J. , HYATT and HALL , JJ . APPEAL from an order directing a discovery . A. Kling , for defendant and ...
... contract pleaded by the defendant and relied on by him as a defense to the action . General Term , December , 1885 . Before MCADAM , C. J. , HYATT and HALL , JJ . APPEAL from an order directing a discovery . A. Kling , for defendant and ...
Страница 43
... contract made by such commissioners was against the corporation of the city of New York . In Bailey agt . The Mayor , & c . , of New York ( 3 Hill , p . 538 ) , it was held that the commissioners appointed under the act of 1834 , though ...
... contract made by such commissioners was against the corporation of the city of New York . In Bailey agt . The Mayor , & c . , of New York ( 3 Hill , p . 538 ) , it was held that the commissioners appointed under the act of 1834 , though ...
Страница 48
... contracts in order , so far as may be possible , to save the city from loss , embarrassment and litigation by reason of any work done or supplies furnished thereunder . By section 30 it is provided that the contracts when awarded shall ...
... contracts in order , so far as may be possible , to save the city from loss , embarrassment and litigation by reason of any work done or supplies furnished thereunder . By section 30 it is provided that the contracts when awarded shall ...
Страница 52
... Contract - When a personal one , and rescinded by the death of one of the parties . If a contract is so far personal that the representatives of one of the parties to it is not responsible in damages for refusing to complete its perform ...
... Contract - When a personal one , and rescinded by the death of one of the parties . If a contract is so far personal that the representatives of one of the parties to it is not responsible in damages for refusing to complete its perform ...
Страница 53
... contract was purely personal , and was liable to be terminated by the death of either party to it , and the death of H. justified his execu- tor in ending the contract and refusing further to go on in its performance . Third Department ...
... contract was purely personal , and was liable to be terminated by the death of either party to it , and the death of H. justified his execu- tor in ending the contract and refusing further to go on in its performance . Third Department ...
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Чести термини и фразе
affidavit alleged Allis allowed amount answer appeal application appointed Aronson assignment attachment attorney authority Bank agt board of supervisors bond brought cause of action choses in action Civil Procedure claim Code of Civil commissioners Company agt complaint contract corporation costs counsel creditors damages debt debtor deceased defendant defendant's denied drafts entitled evidence ex rel execution executor fact Farrell Company filed fraud fund granted ground guardian guardian ad litem held Herkimer County husband interpleader issued Josephine Wilson judge judgment jurisdiction jurors jury lease liable lien marriage ment mortgage motion notice O'Dea Oneida county order of arrest paid party payment person Peyster plaintiff police proceedings question recover reference refused replevin rule sheriff Smith special term statute summons SUPREME COURT testator thereof tion trial trustees Ulster County vacate verdict Walkill Valley Railroad wife York
Популарни одломци
Страница 352 - The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever. But a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law.
Страница 63 - Where, in a matter of account, the sum total of the accounts of both parties, proved to the satisfaction of the justice, exceeds four hundred dollars.
Страница 387 - No such partnership shall be deemed to have been formed, until a certificate shall have been made, acknowledged, filed and recorded, nor until an affidavit shall have been filed as above directed. And if any false statement be made in such certificate, or affidavit, all the persons interested in such partnership shall be liable for all the engagements thereof, as general partners.
Страница 178 - In an action upon contract, express or implied, other than a promise to marry, where it is alleged in the complaint that the defendant was guilty of a fraud in contracting or incurring the liability...
Страница 55 - ... in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without default of the contractor.
Страница 115 - A competent witness shall not be excused from answering a relevant question, on the ground only that the answer may tend to establish the fact that he owes a debt, or is otherwise subject to a civil suit.
Страница 55 - ... continuing existence as the foundation of what was to be done ; there, in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance...
Страница 546 - ... in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment...
Страница 62 - The damages, sustained by reason of an injunction, may be ascertained and determined by the court, or by a referee, appointed by the court, or by a writ of inquiry or otherwise as the court shall direct ; and the decision of the court thereupon, or an order confirming the report of the referee, is conclusive, as to the amount of those damages, upon all the persons who have executed the undertaking, unless it is reversed upon appeal. The court...
Страница 332 - ... shall be taken and deemed to be transferred to and vested in such new corporation, without further act or deed...