Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 155New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels Lawyers Co-operative Publishing Company, 1898 |
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affirming a judgment agent agreement alleged amount Appellate Division Argued January assignment Bank BARTLETT bishop bonds cause of action church claim Code Civ collateral complaint concur Coney Island Constitution contract corporation costs creditors damages debt decided March decree defendant defendant's Dissenting opinion duty entitled equity evidence ex rel fact favor of plaintiff firm Fort Edward GRAY HAIGHT held January 12 January 25 judge judgment in favor judicial department jurisdiction jury justice late General Term legislature liable lien Matter ment mortgage motion N. Y. Rep notes O'BRIEN paid PARKER parties party wall payment plaintiff plaintiff entered Points of counsel provisions question recover reference respondent reversed Special Term Statement statute Supreme Court Suprs testator thereof tion town town of Hempstead town of Lockport trial court trustee VANN York YORK ex rel
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Página 75 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party or a mistake in any other respect, or by inserting other allegations material to the case, when the amendment does not change substantially the claim or defence by conforming the pleading or proceeding to the facts proved.
Página 429 - The Legislature shall pass general laws providing for the cases enumerated in this section, and for all other cases which in Its judgment may be provided for by general laws.
Página 348 - Any agreement, declaration, or course of action on the part of an insurance company, which leads a party insured honestly to believe that by conforming thereto, a forfeiture of his policy will not be incurred, followed by due conformity on his part, will and ought to estop the company from insisting upon the forfeiture, though it might be claimed under the express letter of the contract.
Página 442 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Página 588 - But neither the judgment of a concurrent or exclusive jurisdiction is evidence, of any matter which came collaterally in question, though within their jurisdiction ; nor of any matter incidentally cognizable ; nor of any matter to be inferred by argument from the judgment.
Página 436 - If, then, you wish to insure the interest of your pupils, there is only one way to do it; and that is to make certain that they have something in their minds to attend with, when you begin to talk.
Página 423 - The Legislature shall, by general laws, confer upon the boards of supervisors of the several counties of the State such further powers of local legislation and administration as the Legislature may, from time to time, deem expedient...
Página 149 - The repeal of a law or any part of it specified in the annexed schedule shall not affect or impair any act done, or right accruing, accrued or acquired...
Página 502 - ... for all officers that now are or hereafter may be elective by the people, and upon all questions which may be submitted to the vote of the people...
Página 734 - ... the rule of reasonable care and diligence does not require the exercise of the highest possible degree of care, and to render a physician and surgeon liable, it is not enough that there has been a less degree of care than some other medical man might have shown, or less than even he himself might have bestowed, but there must be a want of ordinary and reasonable care, leading to a bad result.