Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volumen39 |
Dentro del libro
Resultados 1-5 de 82
Página 1
... answer expressly admits such averment , the defendant can not be permitted to prove , - 1. Either that the contract was not his , and that consequently he was not liable thereon . 2. Or ( there being no affirmative defense to that ...
... answer expressly admits such averment , the defendant can not be permitted to prove , - 1. Either that the contract was not his , and that consequently he was not liable thereon . 2. Or ( there being no affirmative defense to that ...
Página 3
... answer expressly admits these allegations , and refers to the school trustees of the Tenth - ward , as defendants ' agents . The defendants have therefore concluded themselves by such admission . A party , who formally and explicitly ...
... answer expressly admits these allegations , and refers to the school trustees of the Tenth - ward , as defendants ' agents . The defendants have therefore concluded themselves by such admission . A party , who formally and explicitly ...
Página 4
... ANSWERING WHILE 1. The fact that one of the defendants has answered , has no effect upon the determination of the question as to whether the demurrer is well taken or not . II . STOCKHOLDERS HOLDING COMMON STOCK , -WHEN ACTION WILL NOT ...
... ANSWERING WHILE 1. The fact that one of the defendants has answered , has no effect upon the determination of the question as to whether the demurrer is well taken or not . II . STOCKHOLDERS HOLDING COMMON STOCK , -WHEN ACTION WILL NOT ...
Página 5
... answered in the action , taking issue upon the allegations of the com- plaint , and that the demurrants are holders of ... answer , the demand of relief in the Appellant's points . complaint is immaterial , are : ( WEBB v . VANDERBILT . 5.
... answered in the action , taking issue upon the allegations of the com- plaint , and that the demurrants are holders of ... answer , the demand of relief in the Appellant's points . complaint is immaterial , are : ( WEBB v . VANDERBILT . 5.
Página 6
... answer to that complaint ; so that , under section 275 of the Code , and the cases decided under it , the demand for equitable relief has , as to that corpo- ration , become immaterial , the action may proceed to trial upon the legal ...
... answer to that complaint ; so that , under section 275 of the Code , and the cases decided under it , the demand for equitable relief has , as to that corpo- ration , become immaterial , the action may proceed to trial upon the legal ...
Otras ediciones - Ver todas
Términos y frases comunes
acceptance adultery affirmed agent agreed agreement alleged amount answer assessment assignment attorney Barb bonds cause of action cents charge claim complaint concurred constitute contract costs counsel court of appeals court of equity covenant Cow Bay damages debtor Decided decision deed defendant defendant's delivered delivery demurrer denied effect entered entitled equity evidence execution fact February 24 fendants firm five thousand dollars fraud FREEDMAN Glace Bay ground held holder insured issue judgment judgment debtor jurisdiction jury Ketcham land learned judge lease levy liable lien ment MONELL mortgage motion negligence notice O'Brien Opinion owner paid parties payment person plaintiff possession premises proceedings purchase question reason recover reference respondent SEDGWICK sheriff special term Statement statute statute of frauds sureties thereof tiff tion trade-mark trial trial by jury trustee verdict Wend York
Pasajes populares
Página 380 - Reason and justice seem to prescribe that, at least as a general rule, where a man, by gift or purchase, acquires property from another, with knowledge of a previous contract, lawfully and for valuable consideration made by him with a third person, to use and employ the property for a particular purpose in a specified manner, the acquirer shall not, to the material damage of the third person, in opposition to the contract and inconsistently with it, use and employ the property in a manner not allowable...
Página 387 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Página 300 - A trial is a judicial examination of the issues, whether of law or of fact, in an action or proceeding!
Página 171 - An act, deed, or conveyance, executed or performed by the husband without the assent of his wife, evidenced by her acknowledgment thereof, in...
Página 105 - ... diligence which persons of common prudence are accustomed to use about their own business and affairs. Story, Ag. § 183. For a loss to his principal from neglect of these duties he is liable.
Página 461 - It is undoubtedly settled law that a judgment of a court of competent jurisdiction upon a question directly involved in one suit is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit. If there be any uncertainty...
Página 233 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Página 228 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Página 274 - Upon the trial of a question of fact by the court, its decision shall be given in writing, and shall contain a statement of the facts found and the conclusions of law, separately...
Página 202 - Should the Owner, at any time during the progress of the said Building request any alteration, deviation, additions or omissions from the said contract, he shall be at liberty to do so, and the same shall in no way affect or make void the contract, but will be added to or deducted from the amount of the contract, as the case may be, by a fair and reasonable valuation.