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affirmed agreement alleged amended amount Appellate Division Appellate Term application April Argued before CLARKE attorney authority bank cause of action Cent charge Civil Procedure claim Code of Civil commission Company complaint concur contract costs counsel court of record creditors damages defendant's delivery denied Digests & Indexes dismissed entitled evidence execution executor fact fendant filed fund granted held injury intent issue judgment jurisdiction jury justice Key-Numbered Digests landlord Law Consol lease liability lien ment Misc mortgage motion Municipal Corporations Municipal Court Code N. Y. Supp negligence Note Note.-For notice paid parties payment person petitioner plaintiff pleadings premises proceedings question railroad recover respondent reversed Special Term statute supra Supreme Court surety surrogate Surrogate's Court tenant testator testimony thereof tion topic & KEY-NUMBER trust verdict York City York County
Страница 359 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as...
Страница 546 - Rule 1. Where there is an unconditional contract for the sale of specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed.
Страница 518 - Bronx in said city, in the office of the register of the city and county of New York.
Страница 283 - ... an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered, as provided in this code.
Страница 155 - ... a question of law is involved which ought to be reviewed by the court of appeals, or where, in case of the refusal so to certify, an appeal is allowed by the court of appeals.
Страница 521 - Where there is an available market for the goods in question, the measure of damages, in the absence of special circumstances showing proximate damages of a greater amount, is the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered, or, if no time was fixed, then at the time of the refusal to deliver.
Страница 753 - Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive...
Страница 521 - ... 2. The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract. 3. Where there is an available market...
Страница 122 - ... of this act he may apply, upon notice, to the court, for an order directing all the questions, arising upon those issues, to be distinctly and plainly stated for trial accordingly.
Страница 195 - ... notice of such cancellation. If this policy shall be canceled as hereinbefore provided, or become void or cease, the premium having been actually paid, the unearned portion shall be returned on surrender of this policy or last renewal, this company retaining the customary short rate; except that when this policy is canceled by this company by giving notice it shall retain only the pro rata premium.