Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 190 |
From inside the book
Page iii
... PHILBIN . * 66 SAMUEL GREENBAUM.f Second Department . HON . ALMET F. JENKS , P. J. “ ISAAC N. MILLS . " ADELBERT P. RICH . 66 HARRINGTON PUTNAM . 66 “ ABEL E. BLACKMAR . WILLIAM J. KELLY . “ WALTER H. JAYCOX.I Third Department . HON ...
... PHILBIN . * 66 SAMUEL GREENBAUM.f Second Department . HON . ALMET F. JENKS , P. J. “ ISAAC N. MILLS . " ADELBERT P. RICH . 66 HARRINGTON PUTNAM . 66 “ ABEL E. BLACKMAR . WILLIAM J. KELLY . “ WALTER H. JAYCOX.I Third Department . HON ...
Page 2
... PHILBIN , J .: This is an action for conversion . The complaint alleges that on November 23 , 1915 , plaintiff was the owner of and entitled to the possession of certain money , consisting of bank bilis and coin , and certain railroad ...
... PHILBIN , J .: This is an action for conversion . The complaint alleges that on November 23 , 1915 , plaintiff was the owner of and entitled to the possession of certain money , consisting of bank bilis and coin , and certain railroad ...
Page 4
... PHILBIN , J .: This action involves practically the same parties as the case of Moller v . Paulovico ( 190 App . Div . 1 ) , opinion in which is handed down herewith , except that the parties are here interchanged . However , outside of ...
... PHILBIN , J .: This action involves practically the same parties as the case of Moller v . Paulovico ( 190 App . Div . 1 ) , opinion in which is handed down herewith , except that the parties are here interchanged . However , outside of ...
Page 12
... , DOWLING , MERRELL and PHILBIN , JJ . , concur . Judgment ordered for defendant , with costs . Settle order on notice . App . Div . ] First Department , December , 12 AUCHINCLOSS v . UNITED STATES FIDELITY & GUARANTY CO .
... , DOWLING , MERRELL and PHILBIN , JJ . , concur . Judgment ordered for defendant , with costs . Settle order on notice . App . Div . ] First Department , December , 12 AUCHINCLOSS v . UNITED STATES FIDELITY & GUARANTY CO .
Page 108
... PHILBIN , JJ . , concur . Order reversed , with ten dollars costs and disbursements , and demurrer sustained , with ten dollars costs . FLORA MACDONALD WHITE , Appellant , v . HENRY B. SLAYBACK and Others , Respondents . First ...
... PHILBIN , JJ . , concur . Order reversed , with ten dollars costs and disbursements , and demurrer sustained , with ten dollars costs . FLORA MACDONALD WHITE , Appellant , v . HENRY B. SLAYBACK and Others , Respondents . First ...
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Common terms and phrases
agreement alleged amount appellant to abide attorney award Bank Blackmar bonds cause of action certificate chap charge City Civil Procedure claim claimant clerk Commission Company complaint concur contract contributory negligence corporation costs and disbursements counsel creditors damages decedent December December 29 defendant defendant's delivered demurrer denied dismissed dollars costs dower Dowling employee entered entitled evidence ex rel fact February granted Hosier Impleaded injury January January 16 Judgment affirmed Judgment and order jury LAUGHLIN liability Matter ment Merrell mortgage motion negligence opinion Order affirmed owner paid parties payment person Philbin plaintiff preferred stock Present Clarke purchase question railroad received recover Remington Arms Respondent reversed Second Department Smith Special Term statute stockholders Supreme Court ten dollars costs testator testified thereof Third Department trial trust unanimously affirmed verdict Workmen's Compensation Law York York Central Railroad
Popular passages
Page 256 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose...
Page 868 - When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 377 - Claims for loss, damage, or delay must be made in writing to the carrier at the point of delivery or at the point of origin within four months after delivery of the property, or, in case of failure to make delivery, then within four months after a reasonable time for delivery has elapsed. Unless claims are so made the carrier shall not be liable.
Page 867 - An action, for either of the following causes, must be tried in the county, where the cause of action, or some part thereof, arose : 1. To recover a penalty or forfeiture, imposed by statute ; except that, where the offence, for which it'is imposed, was committed on a lake, river, or other stream of water, situated in two or more counties, the action may be tried in...
Page 624 - To divide, withdraw, or in any manner pay to the stockholders, or any of them, any part of the capital stock of the corporation ; or to reduce such capital stock without the consent of the legislature ; or 3.
Page 18 - It is insisted, however, that the owner of property is entitled to a reasonable compensation for its use, even though it be clothed with a public interest, and that what is reasonable is a judicial and not a legislative question.
Page 18 - In countries where the common law prevails, it has been customary from time immemorial for the legislature to declare what shall be a reasonable compensation under such circumstances, or, perhaps more properly speaking, to fix a maximum beyond which any charge made would be unreasonable.
Page 520 - Court of General Sessions of the Peace of the city and county of New York...
Page 20 - What the company is entitled to demand, in order that it may have just compensation, is a fair return upon the reasonable value of the property at the time it is being used for the public.
Page 861 - There shall be prepared under the direction and supervision of the commissioners of taxes and assessments of the city of New York...