The New York Supplement, Том 116West Publishing Company, 1909 "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
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Страница 15
... evidence establishes a complete bar to this action , and the complaint should have been dismissed upon the merits . The judgment is modified , and the dismissal is directed upon the merits , and , as modified , affirmed . All concur ...
... evidence establishes a complete bar to this action , and the complaint should have been dismissed upon the merits . The judgment is modified , and the dismissal is directed upon the merits , and , as modified , affirmed . All concur ...
Страница 16
... Evidence , Dec. Dig . § 354. * ] 4. MASTER AND SERVANT ( § 70 * ) - COMPENSATION OF EMPLOYÉ - PERCENTAGE OF PROFITS - HOW DETERMINED UNDER CONTRACT . Where an employé was to receive in addition to his weekly salary a cer- tain per cent ...
... Evidence , Dec. Dig . § 354. * ] 4. MASTER AND SERVANT ( § 70 * ) - COMPENSATION OF EMPLOYÉ - PERCENTAGE OF PROFITS - HOW DETERMINED UNDER CONTRACT . Where an employé was to receive in addition to his weekly salary a cer- tain per cent ...
Страница 20
... evidence , for the saving of causes savable only by such help . The most helpful of them are one wherein the court bluntly overrode a technical objection to stating an amount to show a valuable consideration for an assignment of a ...
... evidence , for the saving of causes savable only by such help . The most helpful of them are one wherein the court bluntly overrode a technical objection to stating an amount to show a valuable consideration for an assignment of a ...
Страница 30
... EVIDENCE - Ground of OBJECTION NOT MENTIONED . The rejection of a notice offered in evidence will not be sustained be- cause of a pencil memorandum thereon , which constituted no part of the notice , and which it seems was not offered ...
... EVIDENCE - Ground of OBJECTION NOT MENTIONED . The rejection of a notice offered in evidence will not be sustained be- cause of a pencil memorandum thereon , which constituted no part of the notice , and which it seems was not offered ...
Страница 31
... evidence which was admis- sible . In order to receive the benefit of the exclusion of such evidence , we think it was incumbent upon the party making the objection to state the grounds of his objection , so that the party offering the ...
... evidence which was admis- sible . In order to receive the benefit of the exclusion of such evidence , we think it was incumbent upon the party making the objection to state the grounds of his objection , so that the party offering the ...
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act Laws affirmed agreement alleged amount Appeal from Municipal Appellate Division Appellate Term April 23 Argued before GILDERSLEEVE attorney avenue award bank cause of action Cent Civil Procedure claim claimant Code Civ commissioners Company complaint concur contract corporation costs counsel damages DAYTON and GOFF deceased decedent deed defendant defendant appeals defendant's demurrer Digs Eminent Domain employé entitled evidence executor fact fendant filed granted held judgment for plaintiff jury justice land landlord lease liability lien ment Misc mortgage motion Municipal Court N. Y. Supp negligence Note Note.-For notice NUMBER in Dec owner paid parties payment person plaintiff Pleading premises proceedings purchase question railroad received recover Rep'r Indexes respondent reversed Special Term statute street Supreme Court Surrogate's Court tenant testified testimony thereof tiff tion trial ordered trust undertenants verdict Westchester County witness York County
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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 399 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
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.
Страница 436 - You must look at it not with a view to the question whether, abstractedly, that quantity of smoke was a nuisance, but whether it was a nuisance to a person living in the town of Shields...