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action affirmed agreed agreement alleged allowed amount answer appeal application Argued attorney authority avenue award bank bond brought building cause of action Cent charge claim Code Company complaint contract corporation costs counsel County damages death defendant defendant's delivered denied Department determine directed easements effect entitled evidence executed fact filed follows give given granted ground held intended interest issue judgment jury justice land lease matter ment mortgage motion Municipal N. Y. Supp negligence Note notice NUMBER opinion owner paid parties payment person plaintiff Pleading premises presented proceedings purchase question reason received record recover reference relation respondent reversed rule Special statute street sufficient Supreme Court taken tenant Term thereof tion trial trust witness York
Страница 78 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Страница 93 - The defendant placed ... in question on the market for use, and the defendant knew, or in the exercise of reasonable care should have known...
Страница 817 - A deposit by one person of his own money, in his own name as trustee for another, standing alone, does not establish an irrevocable trust during the lifetime of the depositor. It is a tentative trust merely, revocable at will, until the depositor dies or completes the gift in his lifetime by some unequivocal act or declaration such as delivery of the pass book or notice to the beneficiary.
Страница 647 - The power of the State to provide for the general welfare of its people authorizes it to prescribe all such regulations as, in its judgment, will secure or tend to secure them against the consequences of ignorance and incapacity as well as of deception and fraud.
Страница 750 - ... contained in this Act shall be deemed and taken to mean all corporations, companies or individuals now owning or operating, or which may hereafter own or operate any railroad, in whole or in part, in this State, and the provisions of this Act shall apply to all persons, firms and companies, and to all associations of persons, whether incorporated or otherwise, that shall do business as common carriers upon any of the lines of railroad in this State (street railways excepted), the same as to railroad...
Страница 599 - A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Страница 758 - ... nephews' ; but In legal language the question whether a gift Is one to a class depends, not upon these considerations, but upon the mode of gift Itself, namely, that It is a gift of an aggregate sum to a body of persons uncertain in number at the time of the gift, to be ascertained at a future time, and who are all to take in equal or in some other definite proportions ; the share of each being dependent for its amount upon the ultimate number of persons.
Страница 80 - The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed.