Reports of Cases Argued and Determined in the Superior Court of the City of New York: 1866/1868W.C. Little, 1868 |
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accord and satisfaction adverse possession affidavit agent agreement Algie alleged amendment amount answer appeal applied authority Barb bill boat building bulkhead cause of action charge claim Code Company complaint contract costs counsel court court of equity covenant damages decision defendant's defendants delivered demand denied discharge donatio mortis causa draft entitled equity erected evidence exceptions fact fendants ferry fraud ground held injury Insurance judge judgment jury justice lease liable loss matter ment MONELL mortgage motion N. Y. Rep negligence notice objection owner paid Park Bank parties payment person pier plaintiff pleadings possession premises proof proved Prussian thalers question reason receipt received recover referred rent Rhinelander ROBERTSON rule Samuel D sheriff special term statute street sustained taken tenant testified testimony therein thereof tiff tion trial trust verdict Wend Western Transportation Company witness York
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Halaman 631 - 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...
Halaman 69 - ... 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.
Halaman 541 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Halaman 97 - ... or other game or games whatsoever, or by betting on the sides or hands of such as do game...
Halaman 547 - ... for the frauds, deceits, concealments, misrepresentations, torts, negligences, and other malfeasances, or misfeasances, and omissions of duty, of his agent in the course of his employment, although the principal did not authorize, or justify, or participate in, or indeed know of such misconduct, or even if he forbade the acts or disapproved of them.
Halaman 543 - If two ships under steam are meeting end on or nearly end on so as to involve risk of collision, the helms of both shall be put to port so that each may pass on the port side of the other.
Halaman 543 - When two steam- vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass on the port side of the other.
Halaman 221 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Halaman 28 - ... void as against the creditors of the vendor or assignor, or subsequent purchasers in good faith unless those claiming under such sale or assignment make it appear that the same was made in good faith and without any intent to hinder, delay, or defraud such creditors or purchasers.
Halaman 618 - The plaintiff, within ten days thereafter, may serve upon the sheriff a notice that he does not accept the bail, or he shall be deemed to have accepted them, and the sheriff shall be exonerated from liability. If no notice be served within ten days, the original undertaking shall be filed with the clerk of the court.