The New York Supplement, Volume 54West Publishing Company, 1899 - Law reports, digests, etc |
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Page 70
... evidence , nor contrary to the law . Upon the evidence as it stood when the case was closed , there was nothing to be done save what was done . The evidence negativing the relation of master and servant between the defendants and Hirsch ...
... evidence , nor contrary to the law . Upon the evidence as it stood when the case was closed , there was nothing to be done save what was done . The evidence negativing the relation of master and servant between the defendants and Hirsch ...
Page 72
... evidence was admissible . 8. APPEAL - PREJUDICIAL ERROR - REJECTION OF EVIDENCE . The erroneous exclusion of evidence directly bearing on a controverted issue of fact is reversible error , notwithstanding like evidence was admit- ted in ...
... evidence was admissible . 8. APPEAL - PREJUDICIAL ERROR - REJECTION OF EVIDENCE . The erroneous exclusion of evidence directly bearing on a controverted issue of fact is reversible error , notwithstanding like evidence was admit- ted in ...
Page 78
... EVIDENCE OF CUSTOM . Evidence of a custom entitling architects , on completion of the plans and specifications , to 2 per cent . of the total estimated cost of the work , is not admissible , where the contract expressly provides for a ...
... EVIDENCE OF CUSTOM . Evidence of a custom entitling architects , on completion of the plans and specifications , to 2 per cent . of the total estimated cost of the work , is not admissible , where the contract expressly provides for a ...
Page 80
... evidence of any such monthly estimates , nor of any fact entitling him to payment upon this construction of the contract , his complaint was properly dismissed . His action ignored any such construction , and was brought upon an ...
... evidence of any such monthly estimates , nor of any fact entitling him to payment upon this construction of the contract , his complaint was properly dismissed . His action ignored any such construction , and was brought upon an ...
Page 88
... evidence upon the subject , and nothing from which an inference can be drawn . In view of these facts , we are quite clear that the learned judge below was correct in saying that there was no evidence which would warrant the jury in ...
... evidence upon the subject , and nothing from which an inference can be drawn . In view of these facts , we are quite clear that the learned judge below was correct in saying that there was no evidence which would warrant the jury in ...
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88 New York affirmed agreement alleged amount Appeal from special Appeal from trial Appellate Division apply appointed Argued assignment attorney authority bank bond cause of action certificate charge City Ct claim complaint concur contract contributory negligence corporation costs counsel creditors damages deceased defendant defendant appeals defendant's demurrer deposit duty employés entitled evidence execution executors fact fendant granted held indictment injuries issue judgment judgment debtor jury justice lease liability lien Long Island City ment mortgage motion municipal court N. Y. Supp negligence November November 11 November 22 paid parties payment person plaintiff premises proceedings proof question railroad received recover referred respondent reversed special term statute street sufficient Supreme Court surety testator testified testimony thereof tion trial term trust verdict witness York county York State Reporter
Popular passages
Page 39 - The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election a,fter the happening of the vacancy.
Page 187 - But no law shall ^ -authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Page 770 - This was, at least, a question of fact for the jury, and not one of law for the court.
Page 403 - On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages as would have arisen from the non-performance of the contract at the appointed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss.
Page 36 - Justices of the Peace and District Court Justices may be elected in the different cities of this State in such manner and with such powers, and for such terms, respectively, as are or shall be prescribed by law...
Page 196 - County Courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the...
Page 99 - If the jury believe from the evidence that there exists a reasonable doubt as to the sanity of the defendant at the time of the commission of the act charged in the indictment, they must acquit the defendant.
Page 775 - The income arising from this trust estate has been paid over to Mary E. Filon and_to her executors up to January 21, 1897, when she died, leaving a last will and testament, which was duly admitted to probate by the Surrogate's Court of the county of Monroe, and letters testamentary issued thereon to her three children, S.
Page 623 - Laws relating to the property, affairs or government of cities, and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes; special city laws are those which relate to a single city, or to less than all the cities of a class.
Page 36 - Inferior local courts of civil and criminal Jurisdiction may be established by the legislature, but no inferior local court hereafter created shall be a