Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 64 |
Contents
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Common terms and phrases
accident affirmed alleged amount appellant assessment attorney authority bank Brooklyn charge cited Civil Procedure claim clerk Code commissioners complaint concurred contract corporation costs Court in favor defendant defendant's determine dollars duty embracery entered entitled Eolian evidence ex rel fact FOURTH DEPARTMENT grand jury granted held highway HIRSCHBERG indictment injury intention judgment debtor JULY TERM land Legislature liability Matter ment motion Mount Vernon negligence notice OCTOBER TERM Orguinette company owner paid parties Patrons of Industry payment person plaintiff Port Jervis possession premises proof question railroad company reason received referee repair respondent reversed Rodger rule SECOND DEPARTMENT SEPTEMBER TERM sewer Special Term statute street supra Supreme Court sustained tenant testator testified thereof THIRD DEPARTMENT Thomas Killam tion town town of Kinderhook trial trust verdict wire York
Popular passages
Page 639 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of Insurance be a building on ground not owned by the insured in fee simple...
Page 115 - But every one has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. In the familiar phrase of Lord Denman, '• you have the right to the benefit you anticipate from the character, credit, and substance of the party with whom you contract.
Page 174 - ... returned to the court, or likely to come before the grand jury. The court need not, however, charge them respecting violations of a particular statute.
Page 313 - When the duration of any office, is not provided by this Constitution, it may be declared by law, and if not so declared, such office shall be held, during the pleasure of the authority making the appointment.
Page 447 - Every future estate shall be void in its creation, which shall suspend the absolute power of alienation, by any limitation or condition whatever, for a longer period than during the continuance of [not more than two] lives in being at the creation of the estate...
Page 183 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...
Page 545 - ... practice as an attorney or counselor in any court of record in this 'State, or act as referee.
Page 189 - Or, if any change, other than by the death of an insured, take place in the interest, title or possession of the subject of insurance except change of occupants without increase of hazards, whether by legal process or judgment or by voluntary act of the insured or otherwise...
Page 493 - Beyond the scope of his employment the servant is as much a stranger to his master as any third person. The master is only responsible so long as the servant can be said to be doing the act, in the doing of which he is guilty of negligence, in the course of his employment.
Page 484 - Class legislation, discriminating against some and favoring others, is prohibited, but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it affects alike all persons similarly situated, is not within /the amendment.