Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Том 172 |
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Загальні терміни та фрази
affd agreement alleged amount appellant April assignment attorney bank bonds Carr cause of action chap charge City Civil Procedure claim CLARKE clerk Code of Civil complaint concurred consent contract corporation costs and disbursements counsel creditors damages deceased decree defendant defendant's denied dismissed dollars costs entered entitled evidence ex rel executor fact Fourth Department granted Huson Impleaded interest issue Jenks John Hull Judgment affirmed Judgment and order jury Kings county LAUGHLIN lease liability lien Matter McLaughlin mechanic's lien ment mortgage motion negligence notice opinion Order affirmed owner paid parties payment person plaintiff premises proceeding provisions question Realty residence respondent restrictive covenants Second Department Special Term statute street Supreme Court surety surrogate Surrogate's Court ten dollars costs terra cotta testator testimony thereof Third Department tiff tion trial verdict violation York
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Сторінка 366 - Part further covenants and agrees to merchandise such wheat in foreign ports , it being understood and agreed between the Party of the First Part and the Party of the Second Part...
Сторінка 722 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Сторінка 721 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as it deems just, amend any process, pleading, or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting an allegation material to the case...
Сторінка 202 - Bronx in said city, in the office of the register of the city and county of New York.
Сторінка 273 - For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States ; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas ; nor while a student of any seminary of learning, nor while kept at any almshouse or other asylum at public expense ; nor while confined in any public prison.
Сторінка 629 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman, and any persons entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of nor in the service of the employer, nor engaged in his work.
Сторінка 884 - If it be for money due, or to become due, it must state concisely the facts out of which it arose, and must show that the sum confessed therefor, is justly due, or to become due. 3. If it be for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting the liability, and...
Сторінка 78 - Where an incomplete instrument has not been delivered it will not, if completed and negotiated, without authority, be a valid contract in the hands of any holder, as against any person whose signature was placed thereon before delivery.
Сторінка 151 - This policy shall be canceled at any time at the request of the insured; or by the company by giving five days' notice of such cancellation. If this policy shall be canceled as hereinbefore provided, or become void or cease, the premium having been actually paid, the unearned portion shall be returned on surrender of this policy or hist renewal, this company retaining the customary short rate; except that when this policy is canceled by this company by giving notice, it shall retain only the pro...
Сторінка 49 - An issue of fact must be tried by a jury, unless a jury is waived, in which case it must be tried by the court.