Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volume 36 |
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affidavit affirmed agent agreement alleged amount assignment attorney Bank Barb BARBOUR bill bills of lading cause of action certificate charge claim Code complaint concurred contract costs counsel Court of Appeals creditors Croton Aqueduct CURTIS damages debt debtor DEFENDANT AND APPELLANT defendant's delivered demand denied Derippe discharge dismiss dollars duty epidemic estopped evidence exceptions execution facts fendant FREEDMAN Havana held holder horses injury interpleader issued judge judgment judgment debtor June 28 jury liability Lorillard loss matter ment MONELL mortgage motion negligence notice November 29 Opinion owner paid parties payment person PLAINTIFF AND RESPONDENT Pohalski Portchester premises proof purchase question received recover referee reference refused remittitur rendered SEDGWICK sheriff Special Term Statement statute sufficient sureties testimony thereof tiff tion trial VAN VORST verdict VORST Wend witness yellow fever York
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Página 249 - When parties have deliberately put their engagements into writing in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...
Página 114 - It is furthermore hereby provided and mutually agreed, that no suit or action against this company, for the recovery of any claim by virtue of this policy, shall be sustainable in any Court of Law or Chancery until after an award shall have been obtained fixing the amount of such claim in the manner above provided...
Página 187 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Página 63 - ... unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession...
Página 103 - J. ing a review upon the evidence appearing on the trial, either of the questions of fact or of law, may, at any time within ten days after notice of the judgment, or within such time as may be prescribed by the rules of the court...
Página 497 - To make by-laws, not inconsistent with an-y existing law, for the management of its property, the regulation of its affairs, and for the transfer of its stock; 7.
Página 96 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some •writing signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.
Página 328 - Charleston ; giving and granting unto my said Attorney, full power and authority to do and -perform all and every act and thing whatsoever requisite and necessary to be done in and about thc premises, as fully to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation; hereby ratifying and confirming all that my said Attorney, or his substitute, shall lawfully do, or cause to be done, by virtue .hereof...
Página 252 - ... as by the known usage of trade, or the like, acquired a peculiar sense distinct from the popular sense of the same words ; or unless the context evidently points out that they must in the particular instance, and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Página 415 - ... pay all costs and' damages which may be awarded against him on the appeal not exceeding five hundred dollars.