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action affirmed agreement alleged allowed amount answer appellant application attorney authority bank brought cause charge claim clerk Code Company complaint concurred condition consideration Constitution contract corporation costs court damages decision defendant defendant's denied determine directed dollars duty effect entered entitled evidence ex rel execution fact favor fire FOURTH DEPARTMENT given granted ground held intent interest issued John judge judgment Judgment affirmed JULY TERM jury land matter mortgage motion negligence notes objection OCTOBER opinion owner paid parties payment performance person plaintiff presented proceedings proof proper provisions purchase question reason received recover referred relator respect Respondent reversed road rule SECOND DEPARTMENT Special statement statute street sufficient Supreme Court taken testimony tion trial trustees witness York
Halaman 272 - Company shall have power to waive any provision or condition of this Policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto, and as to such provisions and conditions no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist...
Halaman 569 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two shall determine...
Halaman 134 - ... that the negligence of the defendant was the proximate cause of the death of Kramm wholly rested on the plaintiff.
Halaman 156 - After hearing the appeal, the court must give judgment without regard to technical errors or defects, or to exceptions, which do not affect the substantial rights of the parties.
Halaman 263 - In Byam v. Collins, 111 NY 143, it is said: 'A libelous communication is regarded as privileged, if made bona fide, upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty, if made to a person having a corresponding interest or duty...
Halaman 197 - 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...
Halaman 522 - This title does not authorize the entry of a judgment against a party, who dies before a verdict, report, or decision is actually rendered against him. In that case the verdict, report, or decision is absolutely void.
Halaman 294 - On the other hand, a person causing something to be done, the doing of which casts on him a duty, cannot escape from the responsibility attaching on him of seeing that duty performed by delegating it to a contractor.
Halaman 201 - Whoever maliciously procures any process in a civil action to be served on Saturday, upon any person who keeps Saturday as holy time, and does not labor on that day, or serves upon him any process returnable on that day, or maliciously procures any civil action to which such person is a party to be adjourned to that day for trial, is guilty of a misdemeanor.
Halaman 302 - The testimony in equity cases shall be taken in like manner as in cases at law; and, except as herein otherwise provided, the Legislature shall have the same power to alter and regulate the jurisdiction and proceedings in law and in equity that it has heretofore exercised.