Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York, Volumen15Baker, Voorhis & Company, 1891 |
Dentro del libro
Resultados 1-5 de 49
Página 15
... lien for work done under the contract . Where , in a common - law arbitration , no time is fixed for delivery of the award , an award may be valid without delivery . Under the provision of the Code of Civil Procedure that a submission ...
... lien for work done under the contract . Where , in a common - law arbitration , no time is fixed for delivery of the award , an award may be valid without delivery . Under the provision of the Code of Civil Procedure that a submission ...
Página 16
... lien for work done by plaintiff on defendants ' houses under a written contract . Defendants set up a submission of the matter to arbitration and an award thereon , in which the arbitrators , after reciting that they had heard the ...
... lien for work done by plaintiff on defendants ' houses under a written contract . Defendants set up a submission of the matter to arbitration and an award thereon , in which the arbitrators , after reciting that they had heard the ...
Página 17
... lien . The defendants ' answer set up the submission to arbitration and award , as a plea in bar . The plaintiff served a reply to this defense , setting forth several grounds upon which it claimed that the award was not binding . The ...
... lien . The defendants ' answer set up the submission to arbitration and award , as a plea in bar . The plaintiff served a reply to this defense , setting forth several grounds upon which it claimed that the award was not binding . The ...
Página 19
... lien was waived and sur- rendered by the submission and arbitration , and that the plain- tiff has no right in this action to recover the amount which the award declares to be due from the defendants . We can discover no error in the ...
... lien was waived and sur- rendered by the submission and arbitration , and that the plain- tiff has no right in this action to recover the amount which the award declares to be due from the defendants . We can discover no error in the ...
Página 33
... lien for rent on hotel furniture , the plain- tiff might enforce an equitable lien upon the proceeds of such Stromeyer v . Combes . property which had been lost 3 NEW YORK - SEPTEMBER , 1888 . 33.
... lien for rent on hotel furniture , the plain- tiff might enforce an equitable lien upon the proceeds of such Stromeyer v . Combes . property which had been lost 3 NEW YORK - SEPTEMBER , 1888 . 33.
Otras ediciones - Ver todas
Términos y frases comunes
accident action was brought Adler affidavit agreement Albert Watson alleged amount answer applied authority award BOOKSTAVER Bowery Savings Bank cause of action charge City Court Civil Procedure claim Code common carrier complaint concurred contract contributory negligence corporation costs counsel court entered Court of Appeals damages Decided December decision defendant defendant's delivered demurrer denying a motion dismissed district court elevated railroad Elevated Railway entitled evidence facts favor fendant filed fraud ground held HOESEN injury issue J. F. DALY Judgment affirmed Judgment reversed jury justice landlord LARREMORE lease Lewis Seymour liable lien Mahopac Manhattan Manhattan Railway mechanic's lien ment mortgage negligence opinion order denying owner parties payment person plaint plaintiff premises proof purchase question Railroad Company reason refused rent res adjudicata respondent rule Special Term statute stockholder street tenant testimony thereof tion trial ordered trustees verdict Watts York
Pasajes populares
Página 158 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Página 475 - This is an action brought to recover damages for injuries sustained by the plaintiff through the alleged negligence of the defendant.
Página 17 - Affidavit above referred to, but as and for damages alleged to have been suffered by the Plaintiff by reason of the sale and conveyance made by the Defendant to one W.
Página 289 - The testimony made out a prima facie case of negligence on the part of the...
Página 120 - ... together with all and singular, the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above described premises, and every part and parcel thereof, with the appurtenances.
Página 74 - An adjudication is final and conclusive not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have...
Página 571 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
Página 180 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.
Página 429 - When it is objected at the trial, and appears by the evidence, that the action is brought in the wrong county, or township, or city...
Página 494 - In this case the plaintiff undertook to make a bust which should be satisfactory to the defendant. The case shows that she was not satisfied with it. The plaintiff has not yet then fulfilled his contract. It is not enough to say that she ought to be satisfied with it, and that her dissatisfaction is unreasonable. She, and not the court, is entitled to judge of that. The contract was not to make one that she ought to be satisfied with.