The New York Supplement, Volumen174West Publishing Company, 1919 "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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Página v
JUDGES OF THE COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME 394130 SUPREME COURT - Second Dept. - C't'd . SUPREME COURT. SUPREME COURT - First Department . Justices of the Appellate Division . JOHN PROCTOR CLARKE , PRESIDING ...
JUDGES OF THE COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME 394130 SUPREME COURT - Second Dept. - C't'd . SUPREME COURT. SUPREME COURT - First Department . Justices of the Appellate Division . JOHN PROCTOR CLARKE , PRESIDING ...
Página vi
SUPREME COURT - Second Dept. - C't'd . SUPREME COURT - Third Dept. - Cont'd . CASES REPORTED 896 Baumann . Ward v . ( Sup. Justices of the Appellate Term , 1919 - Cont'd . May . LESTER W. CLARK . CHARLES H. KELBY . DAVID F. MANNING ...
SUPREME COURT - Second Dept. - C't'd . SUPREME COURT - Third Dept. - Cont'd . CASES REPORTED 896 Baumann . Ward v . ( Sup. Justices of the Appellate Term , 1919 - Cont'd . May . LESTER W. CLARK . CHARLES H. KELBY . DAVID F. MANNING ...
Página 68
... ( Supreme Court , Appellate Term , First Department . January 30 , 1919. ) 1. CARRIERS 94 ( 3 ) —FREIGHT NONDelivery - Burden of Proof . The burden rested upon the shipper , in his action against the carrier , to establish the fact of ...
... ( Supreme Court , Appellate Term , First Department . January 30 , 1919. ) 1. CARRIERS 94 ( 3 ) —FREIGHT NONDelivery - Burden of Proof . The burden rested upon the shipper , in his action against the carrier , to establish the fact of ...
Página 76
... court understood upon the first hearing had in this matter that the position which Bevans took was , not that he had ... ( Supreme Court , Appellate Division , First Department . January 24 , 1919. ) 1. CORPORATIONS 189 ( 1 ) -OFFICERS ...
... court understood upon the first hearing had in this matter that the position which Bevans took was , not that he had ... ( Supreme Court , Appellate Division , First Department . January 24 , 1919. ) 1. CORPORATIONS 189 ( 1 ) -OFFICERS ...
Página 90
... ( Supreme Court , Appellate Division , First Department . 1. TRIAL 13 ( 4 ) -PREFERENCE IN TRIAL OF ISSUES . January 24 , 1919. ) Where notice of motion for order granting a preference of trial of issues was not served with notice of ...
... ( Supreme Court , Appellate Division , First Department . 1. TRIAL 13 ( 4 ) -PREFERENCE IN TRIAL OF ISSUES . January 24 , 1919. ) Where notice of motion for order granting a preference of trial of issues was not served with notice of ...
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affirmed agreement alleged amount appeal Appellate Division application attorney Bank BIJUR bond carrier cause of action charge claim Code Civ commissions Company complaint concur contract corporation costs counsel damages death deceased decedent decree defendant defendant's delivered demurrer denied Digests & Indexes entitled equity Estate Law evidence ex rel executed executors fact fendant filed fund granted held husband interest interstate commerce issue January January 30 judgment jury Key-Numbered Digests letters letters testamentary liable lien marriage matter ment Misc mortgage motion Municipal N. Y. Supp opinion parties payment person petitioner plaintiff probate proceeding proof question railroad recover relation respondent reversed rule Special Term statute supra Supreme Court surrogate tenant testator testatrix testified testimony thereof tion topic & KEY-NUMBER trust verdict Warren & Wetmore witness York City York County
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Página 735 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the poods shall be reasonably fit for such purpose.
Página 136 - Whenever this Company shall pay the mortgagee [or trustee] any sum for loss or damage under this policy and shall claim that, as to the mortgagor or owner, no liability therefor existed...
Página 650 - ... (b) Accept or keep the goods and maintain an action against the seller for damages for the breach of warranty...
Página 764 - ... no action shall be brought upon any agreement that is not to be performed within one year from the making thereof, * * * unless the promise, contract, or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized.
Página 136 - Loss or damage, if any, under this policy shall be payable to as mortgagee (or trustee) as interest may appear, and this insurance, as to the interest of the mortgagee (or trustee) only therein, shall not be invalidated by any act or neglect of the mortgagor or owner...
Página 48 - Any person conceiving himself aggrieved may appeal or petition to the Commissioner of Education who is hereby authorized and required to examine and decide the same; and the...
Página 136 - ... the whole principal due or to grow due on the mortgage with interest, and shall thereupon receive a full assignment and transfer of the mortgage and of all such other securities; but no subrogation shall impair the right of the mortgagee (or trustee) to recover the full amount of his claim.
Página 454 - The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal is taken.
Página 112 - Neither the state courts nor the legislatures, by giving the tax a particular name or by the use of some form of words, can take away our duty to consider its nature and effect. If it bears upon commerce among the states so directly as to amount to a regulation in a relatively immediate way, it will not be saved by name or form.
Página 535 - Any person who in any public place or at any public meeting uses threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned, shall be guilty of an offence.