Reports of Cases Argued and Determined in the Commission of Appeals of the State of New York, Volume 225New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Edward Jordan Dimock, Erasmus Peshine Smith, Joel Tiffany, Hiram Edward Sickels, Samuel Hand, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero Lawyers Co-operative Publishing Company, 1919 |
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Common terms and phrases
accident affirmed agreement alleged ANDREWS Appellate Division application assignment ballots Bank CARDOZO cause of action charge CHASE City Civil Procedure claim COLLIN Company complaint concur consent constitute contract contributory negligence counterclaim County CRANE CUDDEBACK damages decided January defendant defendant's demurrer dismissed election employee entered evidence ex rel executor exposition association facts filed fraud HISCOCK HOGAN injury John Hull judgment in favor judicial department jury Law Cons legacy legislature liability Lien Law mandamus Matter MCLAUGHLIN ment Misc negligence Opinion owner parties payment person plaintiff Points of counsel proceeding provisions public service commission question railroad rates real property reason recover respondent reversed rule section 107 section 381 Smith South Glens Falls Special Term Statement statute street supra Supreme Court Surrogate's Court sustained thereof trial court trust verdict village void warranty Washington Heights writ writ of mandamus York
Popular passages
Page 72 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose...
Page 577 - The Legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this State may be educated.
Page 235 - But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of onehalf in value of the property bounded on, and the consent also of the local authorities having control of that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Page 546 - ... where a particular class is spoken of and general words follow, the class first mentioned is to be taken as the most comprehensive and the general words treated as referring to matters ejusdem generis, with such class, the effect of general words, when they follow particular words, boing thus restricted.
Page 558 - ... such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time, to be specified by the commission.
Page 564 - ... any act or thing done or omitted to be done by any public utility including any rule, regulation or charge heretofore established or fixed by or for any public utility, in violation, or claimed to be in violation, of any provision of law or of any order or rule of the commission...
Page 480 - ... all statements purporting to be made by the insured shall in the absence of fraud be deemed representations and not warranties.
Page 232 - Commission shall be of opinion, after a hearing had upon its own motion or upon a complaint, that the rates, fares or charges demanded, exacted, charged or collected by any common carrier...
Page 406 - All charges made or demanded by any such gas corporation, electrical corporation or municipality for gas, electricity or any service rendered or to be rendered, shall be just and reasonable and not more than allowed by law or by order of the commission having jurisdiction.
Page 431 - At the close of the testimony, defendant's counsel, among other things, requested the court to charge the jury "that there is no evidence in the case of a completed sale of the securities to the defendant; and the plaintiff, therefore, cannot recover.