The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit, and District Courts, Appellate Courts of the Several States, State and City Courts of New York and English Courts, Том 5McDivitt, Campbell & Company, 1878 |
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Страница 2
... held that the mere retention of the keys , they having been sent without plaintiff's request or assent , did not of itself amount to a surrender and ac- ceptance . Held , No error . The life of plaintiff's husband was insured in the ...
... held that the mere retention of the keys , they having been sent without plaintiff's request or assent , did not of itself amount to a surrender and ac- ceptance . Held , No error . The life of plaintiff's husband was insured in the ...
Страница 4
... Held , That as the draft was ad- dressed to the drawee at a particular place in the city where he resided , and was thus accepted by him , the particular place thus designated was the place of payment , and a due pre- sentment and ...
... Held , That as the draft was ad- dressed to the drawee at a particular place in the city where he resided , and was thus accepted by him , the particular place thus designated was the place of payment , and a due pre- sentment and ...
Страница 5
... Held , That the law imposes upon a party subjected to injury from a breach of contract the active duty of making reasonable exertions to ren- der the injury as light as possible ; and if the injured party , through negligence or ...
... Held , That the law imposes upon a party subjected to injury from a breach of contract the active duty of making reasonable exertions to ren- der the injury as light as possible ; and if the injured party , through negligence or ...
Страница 7
... Held , That the absence of the light was not material , whether in violation of law or not ; that lights were only necessary that the boat might be seen , and if seen without them their object was accomplished . Held , competent ...
... Held , That the absence of the light was not material , whether in violation of law or not ; that lights were only necessary that the boat might be seen , and if seen without them their object was accomplished . Held , competent ...
Страница 9
... Held , That the respondent could not be held liable as a general part- ner , 15 N. Y. , 227 ; 6 Paige , 627 ; 6 Hill , 526 ; 3 B. & Ald . , 353 ; 6 Mass . , 358 ; 18 Pick , 215 ; 10 Wheat .. 66 ; 3 Metc . , 207 ; 3 Story , 465 ; 6 B ...
... Held , That the respondent could not be held liable as a general part- ner , 15 N. Y. , 227 ; 6 Paige , 627 ; 6 Hill , 526 ; 3 B. & Ald . , 353 ; 6 Mass . , 358 ; 18 Pick , 215 ; 10 Wheat .. 66 ; 3 Metc . , 207 ; 3 Story , 465 ; 6 B ...
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action was brought affidavit agreement alleged amount application applt appointed assessment assignment attorney bank bill of lading bond cause of action charge claim Code complaint concur contract corporation County COURT OF APPEALS Court of Equity creditors damages debt Decided December Decided November Decided October Decided September deed defendant defendant's denied entitled error evidence execution executor fact fendant foreclosure FOURTH DEPT fraud granted Held indorsed injury issued judge Judgment affirmed judgment for plaintiff jurisdiction jury land lease liable lien ment mortgage motion N. Y. COURT N. Y. SUPREME COURT negligence notice Opinion owner paid party payment person plain plaintiff in error plff possession premises proceedings promissory note proof purchase question railroad Rapallo receiver recover referee respt SECOND DEPT Special Term statute surety testator thereof THIRD DEPT tiff tion trial trust verdict void
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Страница 480 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person, under the existing circumstances would not have done.
Страница 37 - States hereinbefore named, as may maintain a loyal adhesion to the Union and the Constitution, or may be from time to time occupied and controlled by forces of the United States engaged in the dispersion of said insurgents...
Страница 215 - The inquiry must, therefore, always be whether there was any intermediate cause disconnected from the primary fault, and self-operating, which produced the injury.
Страница 366 - State, subject only to the two restrictions, that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State...
Страница 310 - 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 75 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
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Страница 214 - The true rule is that what is the proximate cause of an injury is ordinarily a question for the Jury. It is not a question of science or of legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending it.
Страница 48 - He has no right to appropriate a sign or a symbol, which, from the nature of the fact it is used to signify, others may employ with equal truth, and therefore have an equal right to employ for the same purpose...
Страница 366 - ... at a greater rate than is assessed upon such bonds ; and that, therefore, the taxation complained of is in violation of the act of Congress forbidding the taxation of national shares at a greater rate than is assessed upon other moneyed capital in the hands of individuals.