The New York Supplement, Volume 44West Publishing Company, 1897 "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
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Common terms and phrases
19 Misc 78 New York affirmed agreement alleged amount Appeal from special Appellate Division application appointed Argued before GOODRICH assessment assignment assignor attorney authority bank bond BRUNT cause of action charge claim Code Civ commissioners complaint concur construction contract corporation costs counsel court of equity creditors damages deceased defendant defendant's demurrer denied duty entitled evidence executed executors fact fendant filed firm furnished given granted held INGRAHAM injury interest judgment jury liability lien March 19 mechanic's lien ment mortgage motion N. Y. Supp negligence paid parties payment person plaintiff premises proceedings proof purpose question railroad received recover referred respondent reversed special term statute street Supreme Court sureties surrogate's court testator testified testimony thereof tiff tion track trustee Ulster County verdict William witness York county York State Reporter
Popular passages
Page 312 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple; or if the subject of insurance be personal property and be or become incumbered by a chattel mortgage...
Page 236 - But when one person lends his servant to another for a particular employment, the servant for anything done in that particular employment must be dealt with as the servant of the man to whom he is lent, although he remains the general servant of the person who lent him.
Page 302 - The militia shall be organized and divided into such land and naval, and active and reserve forces as the Legislature may deem proper, provided however that there shall be maintained at all times a force of not less than ten thousand enlisted men, fully uniformed, armed, equipped, disciplined and ready for active service. And it shall be the duty of the Legislature at each session to make sufficient appropriations for the maintenance thereof.
Page 304 - In the first place, the people, in framing the Constitution, committed to the legislature the whole law-making power of the State, which they did not expressly or impliedly withhold. Plenary power in the legislature for all purposes of civil government is the rule. A prohibition to exercise a particular power is an exception.
Page 202 - ... 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 or be claimed by the insured unless so written or attached.
Page 431 - The damages recovered in an action, brought as prescribed in the last section, are exclusively for the benefit of the decedent's husband or wife and next of kin; and when they are collected they must be distributed by the plaintiff as if they were unbequeathed assets left in his hands, after payment of all debts and expenses of administration.
Page 578 - No member of the Legislature shall receive any civil appointment within this State, or the Senate of the United States, from the Governor, the Governor and Senate, or from the Legislature, or from any city government during the time for which he shall have been elected ; and all such appointments and all votes given for any such member, for any such office or appointment, shall be void.
Page 257 - On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the people a written undertaking, to the effect that he will appear and testify at the court to which the depositions and statements are to be sent, or that he will forfeit the sum of five hundred dollars.
Page 429 - ... within the exact scope of those designated. Undoubtedly the main business of a corporation is to be confined to that class of operations which properly appertain to the general purposes for which its charter was granted. But it may also enter into...
Page 530 - A ministerial act is one which a public officer or agent is required to perform upon a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, and wi hont regard to his own judgment or opinion concerning the propriety or impropriety of the act to be performed": Martin r.