Miscellaneous Reports. Cases Decided in the Courts of Record of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Volume 79Lawyers Co-operative Publishing Company, 1913 "Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly) |
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Common terms and phrases
affidavit agreement alleged amount appears appellant to abide Appellate Term application attorney bailment bank cause of action City Court Civil Procedure claim clause Code of Civil common law Company complaint contract corporation costs to appellant counsel counterclaim damages death deceased decedent decree deed defendant defendant's demurrer denied dismissed dollars entitled equity evidence executor fact favor February fendant fraud George Nelson held Herkimer county husband intention interest issue January judgment jurisdiction jury Kings County lease legacy legatee liability lien Matter ment Misc mortgage motion negligence Nelson Niagara river Oneida County paid parties payment person plain plaintiff pleadings premises probate proceedings purchase question real estate reason recover rent respondent reversed SEABURY statute supra Supreme Court surrogate Surrogate's Court testator testified thereof Timian tion trust estate vendee verdict Walter Nelson wife York County
Popular passages
Page 413 - A check is a bill of exchange drawn on a bank payable on demand. Except as herein otherwise provided, the provisions of this act applicable to a bill of exchange payable on demand apply to a check.
Page 145 - It is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar or novel and even shocking ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States.
Page 333 - The answer of the defendant must contain: " 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. "2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition.
Page 145 - That woman's physical structure and the performance of maternal functions place her at a disadvantage in the struggle for subsistence is obvious. This is especially true when the burdens of motherhood are upon her. Even when they are not, by abundant testimony of the medical fraternity continuance for a long time on her feet at work, repeating this from day to day, tends to injurious effects...
Page 54 - We hold the true rule to be that whatever the passenger takes with him for his personal use or convenience according to the habits or wants of the particular class to which he belongs, either with reference to the immediate necessities, or to the ultimate purpose, of the journey, must be considered as personal luggage.
Page 119 - From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order In his client's favor and the proceeds thereof in whosoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after Judgment or final order.
Page 259 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 88 - ... by depositing it, inclosed in a sealed wrapper, directed to him, in his office letter-box ; or, if the office is not open, so as to admit of leaving the paper therein, and there is no office letter-box, by leaving it at his residence, within...
Page 359 - At the close of the plaintiff's case the plaintiff was permitted to amend the complaint to allege "that in so treating the plaintiff the defendant was engaged in the practice of medicine contrary to and in violation of the provisions of the Public Health Law of the State of New York...
Page 381 - When property is transferred in trust or otherwise and the rights, interests or estates of the transferees are dependent upon contingencies or conditions whereby they may be wholly or in part created, defeated, extended or abridged...