Reports of Cases Argued and Determined in the Superior Court of the City of New York: 1864/1866W.C. Little, 1868 |
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acceptance Addison agreement alleged amount appeal application assignment authority Bank Barb bill of lading Bosw cargo cause of action charge choses in action claim Code complaint contract conveyance corporation costs counsel court court of equity creditors damages debt debtor December 30 deed defendant's defendants delivered delivery demand demurrer discharge Dunlop & Dutton Elizabethport entitled equity estoppel evidence execution facts fendants guest held innkeeper Insurance Company interest issue judgment jury justice lease liable loss Madison Avenue Baptist Masterton matter Mayor McCUNN ment MONCRIEF MONELL mortgage motion N. Y. Rep negligence owner paid parties payment performance person plaintiff premises premium purchase question reason received recover referee refused ROBERTSON Samuel D ship sold special term statute statute of frauds Stone Dressing Company therein thereof tiff tion transfer trial trust verdict vessel void warrant Wend York
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Сторінка 348 - When any of the matters enumerated in section forty do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 45. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Сторінка 600 - ... of notice of acceptance, and the clerk must thereupon enter judgment accordingly. If the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence upon the trial; and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs, but must pay the defendant's costs from the time of the offer— 1873-342.
Сторінка 687 - The warrant may be issued whenever it shall appear by affidavit that a cause of action exists against such defendant, specifying the amount of the claim and the grounds thereof, and that the defendant is either a foreign corporation, or not a resident of this State, or has departed therefrom with intent to defraud his creditors or to avoid the service of a summons, or...
Сторінка 631 - A motion for judgment upon a verdict subject to the opinion of the court may be made by either party; and must be heard and decided at a term of the court to which an appeal could be taken from a final judgment in the action.
Сторінка 27 - If there are inferences to be drawn from the proof which are not certain and incontrovertible, they are for the jury. If it is necessary to determine, as in most cases it is, what a man of ordinary care and prudence would be likely to do under the circumstances proved ; this involving, as it generally must, more or less of conjecture, can only be settled by a jury
Сторінка 679 - ... to be heard in the first instance at the general term, and the judgment in the meantime suspended; and in that case they must be there heard in the first instance, and judgment there given.
Сторінка 614 - A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2.
Сторінка 109 - 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.
Сторінка 180 - If this had been an action by the purchaser against the seller, for the non-delivery of the goods, the charge would have been right, because the purchaser is bound, on a contract of this kind, to show a readiness and an offer to perform before he can require the seller to deliver. Whichever party seeks to enforce the contract against the other must show performance or tender of performance. Until that be shown he is himself in default. The plaintiffs in this case are seeking to enforce the contract,...
Сторінка 338 - In superior courts and municipal courts, upon the trial of a question of fact by the court, its decision must be given in writing and filed with the clerk within thirty days after the cause is submitted for decision.