Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 94 |
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Page 5
... defendant , was incompetent . Semble , that the defendant's negligence in retaining O'Brien in its employ was not the proximate cause of the accident . APPEAL by the defendant , The Lewiston and Youngstown Frontier Railway Company ...
... defendant , was incompetent . Semble , that the defendant's negligence in retaining O'Brien in its employ was not the proximate cause of the accident . APPEAL by the defendant , The Lewiston and Youngstown Frontier Railway Company ...
Page 7
... defendant's negligence caused the accident . This will hardly do . It is doubtful if as a matter of law it can be said that in this condition of things the defendant's negligence was not the proximate cause of the accident if it was the ...
... defendant's negligence caused the accident . This will hardly do . It is doubtful if as a matter of law it can be said that in this condition of things the defendant's negligence was not the proximate cause of the accident if it was the ...
Page 8
... defendant , and being in the case the defendant might have the benefit of it . The question was raised upon the motion for nonsuit . Second . The evidence given by plaintiff's wife of a conversation with Sims , the defendant's ...
... defendant , and being in the case the defendant might have the benefit of it . The question was raised upon the motion for nonsuit . Second . The evidence given by plaintiff's wife of a conversation with Sims , the defendant's ...
Page 9
... defendant's testator relating to the job in question ; That one whose business is simply to keep books is not a clerk within the mean- ing of the rule excluding books of account kept by a party who keeps a clerk . APPEAL by the defendants ...
... defendant's testator relating to the job in question ; That one whose business is simply to keep books is not a clerk within the mean- ing of the rule excluding books of account kept by a party who keeps a clerk . APPEAL by the defendants ...
Page 17
... defendant's factory until the cleansing was done . The manner of cleansing and the means used were as follows : They were taken to defendant's cellar and put upon a rack , which was on rollers , so that the drums might be easily rotated ...
... defendant's factory until the cleansing was done . The manner of cleansing and the means used were as follows : They were taken to defendant's cellar and put upon a rack , which was on rollers , so that the drums might be easily rotated ...
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accident Act Laws affirmed agreement alleged amount appeal applied assignment bank bankruptcy Boyce building cause of action certificate chap charge Civil Procedure claim clerk Code of Civil commissioner complaint concurred contract corporation counsel Court in favor creditor damages death debt deceased defendant defendant's deposited Diamond Company discharge duty employee entered entitled evidence ex rel execution fact false filed FOURTH DEPARTMENT held Impleaded injury intention interest intestate issued Jamestown judgment debtor jury lands lease liability limited partnership Loomis ment mortgage motion negligence old firm paid parties partnership payment perjury person Pike plaintiff Port Dickinson premises proceeding purpose question Railroad Company real property reason received recover referee relator remainderman respondent reversed Samuel N special partner statute Supreme Court sustained testator testified thereof THIRD DEPARTMENT Thompson Maxwell tion trial trustee verdict York
Popular passages
Page 76 - TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof.
Page 641 - A person employing or directing another to perform labor of any kind in the erection, repairing, altering or painting of a house, building or structure shall not furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders or other mechanical contrivances which are unsafe, unsuitable or improper, and which are not so constructed, placed and operated as to give proper protection to the life and limb of a person so employed or engaged.
Page 424 - The summons must contain the title of the action, specifying the court in which the action is brought, the names of the parties to the action...
Page 126 - Any person who : 1. By word of mouth or writing advocates, advises or teaches the duty, necessity or propriety of overthrowing or overturning organized government by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means; or, 2.
Page 76 - To have and to hold, all and singular the above mentioned and described premises, together with the appurtenances unto the said party of the second part, his heirs and assigns forever.
Page 319 - The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance; and admits: 1. The existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the instrument; and 2. The existence of the payee and his then capacity to indorse.
Page 319 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
Page 95 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as (1) are due as a tax levied by the United States, the State, county, district, or municipality in which he resides; (2) are liabilities for obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another...
Page 459 - Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed by delivery.
Page 304 - If the evidence fairly tends to support the cause of action set out in the declaration it is the duty of the court to submit the case to the jury.