Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Том 122 |
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Страница 5
... alleged contract for mutual wills , that right could only be enforced by a proceeding in the Supreme Court and could not in any way be affected by the probate of the will which was then offered . The respondent must have known that as ...
... alleged contract for mutual wills , that right could only be enforced by a proceeding in the Supreme Court and could not in any way be affected by the probate of the will which was then offered . The respondent must have known that as ...
Страница 23
... alleged in relation to the contract that " all the conditions above mentioned were fulfilled or were waived by the defendant , " and it was held by the Special Term that facts showing performance or a waiver must be alleged without ...
... alleged in relation to the contract that " all the conditions above mentioned were fulfilled or were waived by the defendant , " and it was held by the Special Term that facts showing performance or a waiver must be alleged without ...
Страница 25
... alleged as a condition ; the utmost that can be said is that they were independent obligations by the plaintiff that the De Ronde Company would make or accept a similar proposition , and that the Water Paint Company had entered into no ...
... alleged as a condition ; the utmost that can be said is that they were independent obligations by the plaintiff that the De Ronde Company would make or accept a similar proposition , and that the Water Paint Company had entered into no ...
Страница 60
... alleged in substance that the petitioner is a steam sur- face railroad corporation , organized and existing under the laws of the State of New York , with a double - track railroad extending from the village of Depew to the village of ...
... alleged in substance that the petitioner is a steam sur- face railroad corporation , organized and existing under the laws of the State of New York , with a double - track railroad extending from the village of Depew to the village of ...
Страница 61
... allegations in the petition , reiterated the preliminary objections , and in effect alleged that the change of crossings proposed by the petitioner was not such as would fairly serve the interests of the town or of the traveling pub ...
... allegations in the petition , reiterated the preliminary objections , and in effect alleged that the change of crossings proposed by the petitioner was not such as would fairly serve the interests of the town or of the traveling pub ...
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Чести термини и фразе
abide event accident Act Laws adverse possession agreement alleged appellant to abide attorney bonds cause of action chap charge City Civil Procedure claim clerk Code of Civil Commission complaint concurred contract contributory negligence corporation costs and disbursements costs to appellant Court in favor damages deceased December defendant defendant's demurrer dismissed dissented dollars costs entitled evidence ex rel executors facts Fourth Department Gaynor Impleaded INGRAHAM Jenks Judgment affirmed Judgment and order jury Kings County liability Matter ment mortgage negligence notice November November 22 opinion Order affirmed order reversed party payment person plaintiff premises question received recover referee Respondent Rich and Miller Second Department Sidney Dillon Ripley Special Term statute Supreme Court surety Surrogate's Court ten dollars costs testator thereof Third Department tion trial ordered trust verdict York York City Railway
Популарни одломци
Страница 381 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Страница 855 - Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises, under claim of title, exclusive of any other right, founding such claim upon a written instrument, as being a conveyance of the premises in question...
Страница 212 - We do not say that there may not be other matters to be regarded in estimating the value of the property. What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience.
Страница 104 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Страница 213 - What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience. On the other hand, what the public is entitled to demand is that no more be exacted from it for the use of a public highway than the services rendered by it are reasonably worth.
Страница 425 - What usually is done may be evidence of what ought to be done, but what ought to be done is fixed by a standard of reasonable prudence, whether it usually is complied with or not.
Страница 219 - In every case that comes before this court, therefore, where legislation of this character is concerned and where the protection of the Federal Constitution is sought, the question necessarily arises: Is this a fair, reasonable and appropriate exercise of the police power of the State, or is it an unreasonable, unnecessary and arbitrary interference with the right of the individual to his personal liberty...
Страница 151 - No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.
Страница 227 - The question of the reasonableness of a rate of charge for transportation by a railroad company, involving as it does the element of reasonableness both as regards the company and as regards the public, is eminently a question for judicial investigation, requiring due process of law for its determination.
Страница 184 - ... (1) By reason of any defect in the condition of the ways, works or machinery connected with or used in the business of the employer, which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and entrusted by him with the duty of seeing that the ways, works or machinery were in proper condition...