The New York Supplement, Volumen37West Publishing Company, 1896 "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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Términos y frases comunes
15 Misc agreement alleged amount answer Appeal from special Appellate Division assignment attorney BRUNT cause of action charge City Ct claim commissioners complaint concur contract corporation costs counsel creditors damages deceased defendant appeals defendant's demurrer Department dismissed duty easement Ellicottville entitled evidence execution executors fact favor February February 26 fendant firm fraud held injury intention interest intestate January 28 judge Judgment affirmed jury justice land lease liability ment mortgage motion N. Y. Supp negligence notice owner paid parties payment person plaintiff possession premises proceeding question Rapalyea reason received recover referred relator rendered rent respondent reversed rule RUMSEY special term statute statute of frauds Steinway & Sons street Supreme Court surrogate's court sustained testator testatrix testified testimony thereof tiff tion trial trustees verdict WILLIAMS witness York county Yuengling
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Página 10 - ... shall be exempt from taxation, shall be exempt from the claims of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.
Página 633 - The court below made a finding of the subordinate and evidential facts, bearing upon the question of the negligence of the defendant, and the contributory negligence of the plaintiff...
Página 118 - ST., dec'd., and at his request and in the presence of each other; and that they verily believe he was of sound and disposing mind and memory at the time of executing the same.
Página 629 - Every office shall become vacant on the happening of either of the following events before* the expiration of the term of such office : 1. The death of the incumbent. 2. His resignation. 3. His removal from office.
Página 312 - Liberty, in its broad sense, as understood in this country, means the right, not only of freedom from actual servitude, imprisonment, or restraint, but the right of one to use his faculties in all lawful ways, to live and work where he will, to earn his livelihood in any lawful calling, and to pursue any lawful trade or avocation.
Página 58 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Página 205 - ... to the counterclaim. The reply must contain a general or specific denial of each material allegation of the counterclaim controverted by the plaintiff, or of any knowledge or information thereof sufficient to form a belief; and it may set forth [in ordinary and concise language, without repetition,] new matter not inconsistent with the complaint constituting a defense to the counterclaim.
Página 552 - ... 5. If there was such proof, whether there was, upon all the evidence, such a preponderance of proof against the existence of any of those facts, that the verdict of a jury affirming the existence thereof, rendered in an action in...
Página 609 - And lapse of time without rescinding will furnish evidence that he has determined to affirm the contract ; and when the lapse of time is great it probably would in practice be treated as conclusive evidence to show that he has so determined.
Página 705 - This rests upon the principle that where one of two innocent parties must suffer loss, it should...