New Cases: Selected Chiefly from Decisions of the Courts of the State of New York, Volume 30Ward & Peloubet, 1894 |
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60 Super ademption agreement alleged amended amount applied assignment assignor assumpsit attorney authority Barb Bendheim benefit Cassidy cause of action certificate citing claim Code Civ common law complaint contract corporation costs court of equity covenant creditors damages debts deed defendant defendant's demurrer easements elevator enforce entitled equity evidence executors fact favor foreclose foreclosure funds granted held Hudson River indemnity injunction injury judge judgment jury land liability libel lien Long Island Water matter mechanic's lien ment Misc mortgage motion Muldoon N. Y. Central N. Y. Supp negligence notice opinion owner paid party payment person plaint plaintiff pleaded premises proceedings promissory note provisions purchase question R. R. Co railroad recover referee remedy rule Special Term Statute of Frauds street subrogation supreme court testator thereof tion town trial trust
Bagian yang populer
Halaman 97 - ... to the rights of a riparian proprietor whose land is bounded by a navigable stream ; and among those rights are access to the navigable part of the river from the front of his lot, the right to make a landing, wharf or pier for his own use or for the use of the public, subject to such general rules and regulations as the legislature may see proper to impose for the protection of the rights of the public, whatever those may be.
Halaman 58 - The testimony of any witness may be taken in any civil cause depending in a district or circuit court by deposition de bene esse, when the witness lives at a greater distance from the place of trial than one hundred miles, or is bound on a voyage to sea, or is about to go out of the United States...
Halaman 212 - In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff shall establish on the trial that it was so published or spoken.
Halaman 98 - It is a title held in trust for the people of the State that they may enjoy the navigation of the waters, carry on commerce over them, and have liberty of fishing therein freed from the obstruction or interference of private parties.
Halaman 367 - The primary cause may be the proximate cause of a disaster, though it may operate through successive instruments, as an article at the end of a chain may be moved by a force applied to the other end, that force being the proximate cause of the movement, or as in the oft-cited case of the squib thrown in the market place.
Halaman 368 - In the nature of things there is in every transaction a succession of events, more or less dependent upon those preceding, and it is the province of the jury to look at this succession of events or facts and ascertain whether they are naturally and probably connected with each other by a continuous sequence, or are dissevered by new and independent agencies, and this must be determined in view of the circumstances existing at the time.
Halaman 367 - We do not say that even the natural and probable consequences of a wrongful act or omission are in all cases to be chargeable to the misfeasance or nonfeasance. They are not when there is a sufficient and independent cause operating between the wrong and the injury.
Halaman 440 - Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action ; or, — 3. Unless the buyer shall at the time, pay some part of the purchase money.
Halaman 295 - ... 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between the same parties for the same cause ; or, 4.
Halaman 173 - A mere stranger cannot intervene and claim by .action the benefit of a contract by other parties. There must be either a new consideration or some prior right or claim against one of the contracting parties, by which he has a legal interest in the performance of the agreement...