« AnteriorContinuar »
money judgment until the security required by Code of Civil Procedure, section 474, and rule 51 have been given.. .80 App. Div. 53 CONDE v. ROGERS. Misjoinder of causes of action-A cause of action to foreclose a lien and one to recover for services cannot be joined... ..74 App. Div. 147 TEW v. WOLFSOHN. Agency-Several liability subd. 6 of agent and of undisclosed principal when disclosed-Demurrer for misjoinder of de
DAVIS v. CITY OF NEW YORK. Form of a desubd. 7 murrer alleging a misjoinder of causes of action... ....75 App. Div. 518 488 VLASTO V. VARELOPOULOS. When a pleading subd. 8 may be declared frivolous-A demurrer to a complaint..... .73 App. Div. 145 STEINBACH V. PRUDENTIAL INS. Co. Insurance -Action to reform life insurance policy and for judgment thereon-Parties defendant,
172 N. Y. 471 LYTLE v. CRAWFORD. A judgment in another action in favor of the defendant must, to constitute a counterclaim, be pleaded-When it must be set up by supplemental answer,
69 App. Div. 273 KRAUS v. AGNEW. Action for services rendered at plaintiff's request-An answer alleging that they were rendered at the request of a third person presents a defense-It is not demurrable-Motion to strike out such defense,
80 App. Div. 1 O'BRIEN V. DWYER. Counterclaim-When allowed in an action of tort-Action for the conversion of money-Counterclaim of a margin deposited to secure a purchase of stock ordered but not purchased.... .76 App. Div. 516
V. DAILY. Pleading-Admissions need not be pleaded-Denial of knowledge or information sufficient to form a belief-Denials not assailable by a demurrer but only on motion.... .37 Misc. 156 SOPER V. ST. REGIS PAPER Co. Vendor and purchaser-Unless the vendee rescinds and offers to reconvey land he must pay the purchase price-Allegations in an answer merely inconsistent with the complaint do not amount to a denial. . . . . ....38 Misc. 294 GABAY V. DOANE. Occurrences since an action was begun may be set up as a partial defense in mitigation of damages-Such defense is not limited to actions to recover damages for breach of promise to marry, or for personal injury, or injury to property.....77 App. Div. 413 TOPLITZ v. GARRIGUES. Reply to new matter in the answer-The right to require it rests in the discretion of the Court. .71 App. Div. 37 NATIONAL CONTRACTING Co. v. HUDSON R. W. P. Co. Pleading-Demurrer-Sufficiency of defense of plaintiff's non-compliance with condition precedent. .170 N. Y. 439 KEYES V. FLINT Co. Accounting-Bill of particulars of an amount stated .....69 App. Div. 141 CLEMENS v. AMERICAN FIRE INS. Co. A plea of performance must use the word "duly,"
70 App. Div. 435
STOKES V. MORNING JOURNAL ASS'N. An allega-
LEHMANN V. TRIBUNE Ass'N. Libel-Charge
77 App. Div. 310 BROWN V. FISH. Ejectment--Complaint-Irrelevant and redundant matter stricken out,
37 Misc. 367 BRITTON V. FERRIN. When refusal to pay over proceeds of sales constitutes conversionWhen principal's debt to third person cannot be counterclaimed in action therefor,
171 N. Y. 235 LICHSTRAHL v. LICHSTRAHL. Order of arrestNot granted in divorce on an affidavit where there is no complaint in existence. . . . .38 Misc. 331 SKINNER MAN. Co. v. FAGENSON. Order of arrest-Motion to vacate on original papers, how made in the First Judicial District,
38 Misc. 121 575 BRISTOL V. GRAFF. Undertaking on arrestsubd. When, in a case within subdivision 3 of sec3 tion 575 of the Code of Civil Procedure, it is drawn in the form required by subdivision 1, it is not enforceable-Proof of the intent does not cure the defect... .79 App. Div. 426 603 BOSTON BASE-BALL ASS'N v. BROOKLYN BASE
BALL CLUB. Injunction dependent on the
subject of the action-Right of members of an unincorporated association to restrain other members from violating the agreement of organization-Demurrers-Parties....37 Misc. 521 STEELE v. GILMOUR MANUFACTURING Co. Attachment-Sufficiency of an affidavit of an agent-Allegation as to counterclaims,
77 App. Div. 199
BELMONT v. SIGNA IRON Co. Motion to vacate an attachment-When made on papers on which it was granted and on the judgment in the action-The facts recited in the judgment may be used to support the attachment-They are presumed to be true-Proof as to the attached property having been applied on the judgment-Proof that the summons has issued..... ...80 App. Div. 537 638 MARTIN v. SMITH. Attachment-Necessity for serving the summons within thirty days,
37 Misc. 425 WEIL v. GALLUN. Attachment-A failure to serve a certified copy is a jurisdictional defect -Not an irregularity, which must be specified in a notice of motion... 75 App. Div. 439 BEYER V. SIGEL. Sale of perishable property levied upon under an attachment-The one-year Statute of Limitations is applicable to a claim against the sheriff for a loss resulting from his taking back a note and chattel mortgage to secure the purchase money....75 App. Div. 83 TREADWELL & Co. v. MEAD MFG. Co. Sheriff's poundage under an attachment-Payment thereof... .75 App. Div. 478 MACK V. STANLEY. Receiver-Not appointed in an action for damages arising out of a stockbroker's false representation that he had pur
appeal operates as a stay of a further application for such order-What are "costs of a motion". 79 App. Div. 119 MATTER OF FERRIS. Order to show causeWhen returnable. . . ..
.37 Misc. 606
BAZURO v. JOHNSON. Notice of motion for a preference served with the notice of trialDuty of the moving party where, by mistake, it does not appear on the motion calendarThe case cannot be subsequently noticed for preference... .71 App. Div. 225 SHEELIN v. CITY OF NEW YORK. Preference on subd. 1, the calendar of New York City cases,
2, 5, 11
791 subd. 11
791 subd. 11
DAVIS v. WESTERVELT.
74 App. Div. 308 Calendar-Preference
of an action by a trustee in bankruptcy,
71 App. Div. 351 EISING v. YOUNG. Calendar-Preference of an action for libel in the First Department,
38 Misc. 12 793 MORSE v. PRESS PUBLISHING Co. Preference on the trial calendar in New York, Kings, Queens and Erie Counties and in the Seventh Judicial District-An application therefor is addressed to the discretion of the Court-When the exercise of such discretion will not be disturbed on appeal-Meaning of the word "may,"
71 App. Div. 351