Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volumen132 |
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Página 9
... evidence , which might tend to prove the said fact , but that cannot supply the lack of an allegation of it . Mere allegations of evidence in a complaint are out of place and of no avail . The fact which has to be found . on the evidence ...
... evidence , which might tend to prove the said fact , but that cannot supply the lack of an allegation of it . Mere allegations of evidence in a complaint are out of place and of no avail . The fact which has to be found . on the evidence ...
Página 11
... evidence to show how long it was on the precise spot where it was when the plaintiff tripped on it , there is no evidence of a suffi- cient length of time to base such notice on . It is evident that the whole time during which the stone ...
... evidence to show how long it was on the precise spot where it was when the plaintiff tripped on it , there is no evidence of a suffi- cient length of time to base such notice on . It is evident that the whole time during which the stone ...
Página 17
... evidence of the defendant tending to show that it needed to be thirty feet higher to produce the requisite draft . The defendant did not rely upon non - perform- ance as a defense , but pleaded as a counterclaim and set - off that she ...
... evidence of the defendant tending to show that it needed to be thirty feet higher to produce the requisite draft . The defendant did not rely upon non - perform- ance as a defense , but pleaded as a counterclaim and set - off that she ...
Página 26
... evidence in support of the first cause of action tended to show the sale of 100 cases of tomato paste , to be manufactured and delivered in separate lots ; that 15 cases were delivered and paid for ; and that thereafter 85 cases were ...
... evidence in support of the first cause of action tended to show the sale of 100 cases of tomato paste , to be manufactured and delivered in separate lots ; that 15 cases were delivered and paid for ; and that thereafter 85 cases were ...
Página 37
... evidence indicates that they were of value ; the workmen were forbidden to take pay for them ; the money paid appears to have been given the servant for his own ; and the case went to the jury on the theory that , so far as the ...
... evidence indicates that they were of value ; the workmen were forbidden to take pay for them ; the money paid appears to have been given the servant for his own ; and the case went to the jury on the theory that , so far as the ...
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Términos y frases comunes
agreement alleged amended amount appellant to abide April attorney bank Burr cause of action chap charge Civil Procedure claim clerk Code of Civil commissioner complaint concurred contract corporation costs and disbursements counsel Court in favor Creem damages deceased defendant defendant's demurrer dismissed dissented dollars costs employer entitled evidence ex rel executor fact Fourth Department Gaynor Hirschberg Impleaded INGRAHAM injury Jenks Judgment and order June jury Kings County LAUGHLIN lease liability Matter ment mortgage negligence notice opinion Order affirmed order appealed paid party payment person plaintiff premises proceedings question real property received recover Respondent Rich and Miller Second Department Special Term statute street Supreme Court surety Surrogate's Court ten dollars costs tenant testator thereof Third Department tion trust undertenants verdict Woodward York York ex rel
Pasajes populares
Página 41 - 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.
Página 408 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Página 241 - If the thing stolen consists of any evidence of debt, or other written instrument, the amount of money due thereupon, or secured to be paid thereby, and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence thereof, is the value of the thing stolen.
Página 542 - That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act; but the debt may be proved, and the dividend thereon shall be a payment on account of said debt...
Página 407 - The testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person testifying. Any such person testifying shall not thereafter be liable to indictment, prosecution or punishment for the offense with reference to which his testimony was given, and may plead or prove the giving of testimony accordingly, in bar of such an indictment or prosecution.
Página 824 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present...
Página 73 - No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation ; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes.
Página 172 - If an action is pending, that the person to be examined is about to depart from the state, or that he is so sick or infirm, as to afford reasonable ground to believe that he will not be able to attend the trial; or that any other special circumstances exist, which render it proper that he should be examined as prescribed in this article.
Página 771 - Works, shall and may be retained by the said parties of the first part until all such suits or claims for damages as aforesaid shall have been settled, and evidence to that effect furnished to the satisfaction of the said Commissioner.
Página 148 - For the existence of a state of mind on the part of the juror, in reference to the case, or to either party ? which satisfies the triers, in the exercise of a sound discretion, that he cannot try the issue impartially and without prejudice to the substantial rights of the party challenging, and which is known in this code as actual bias.