The New York Supplement, Volume 150West Publishing Company, 1915 - Law reports, digests, etc |
From inside the book
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Page 19
... jury to say whether the defendant had so insisted , and , if so , whether it was a refusal to fulfill the contract according to its terms . No fault is found with the charge , and there is evidence to sustain the jury's finding on these ...
... jury to say whether the defendant had so insisted , and , if so , whether it was a refusal to fulfill the contract according to its terms . No fault is found with the charge , and there is evidence to sustain the jury's finding on these ...
Page 20
... jury : " The insistence upon such demand invalidated the tender . There has been no tender of performance by the ... jury : " If the jury believe that there was no positive refusal by the defendant to carry out the contract , the verdict ...
... jury : " The insistence upon such demand invalidated the tender . There has been no tender of performance by the ... jury : " If the jury believe that there was no positive refusal by the defendant to carry out the contract , the verdict ...
Page 24
... jury disagreed , the Supreme Court will not , where the prosecution for manslaughter was dismissed and relator reindicted for murder in the first degree , liberate him on habeas corpus , even though his first trial constituted former ...
... jury disagreed , the Supreme Court will not , where the prosecution for manslaughter was dismissed and relator reindicted for murder in the first degree , liberate him on habeas corpus , even though his first trial constituted former ...
Page 25
... jury was impaneled and sworn . The prosecution presented its evidence and rest- ed . The defendant relator presented his defense . Counsel for the re- lator and the district attorney summed up the case . The county judge charged the jury ...
... jury was impaneled and sworn . The prosecution presented its evidence and rest- ed . The defendant relator presented his defense . Counsel for the re- lator and the district attorney summed up the case . The county judge charged the jury ...
Page 26
... jury on the first trial , the defendant was in effect acquitted . The Court of Appeals holds that he was at once en- titled to his liberty , when the trial judge prematurely discharged the jury upon the first trial : That the court had ...
... jury on the first trial , the defendant was in effect acquitted . The Court of Appeals holds that he was at once en- titled to his liberty , when the trial judge prematurely discharged the jury upon the first trial : That the court had ...
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Common terms and phrases
affidavit affirmed agreement alleged amount Appeal from Special Appellate Division Appellate Term application Argued before INGRAHAM attorney BIJUR cause of action Cent charge claim Code Company complaint concur contract corporation costs counsel counterclaim creditors damages decedent December December 17 defendant appeals defendant's demurrer Department Digs dismissed entitled evidence ex rel executors fact fendant fraud George Fuchs Gilsey granted guardian ad litem HOTCHKISS infant issue judgment judgment debtor jurisdiction jury liability matter ment Misc mortgage motion Municipal Court N. Y. Supp negligence Note Note.-For NUMBER in Dec owner paid parties payment person plaintiff pleadings premises proceeding question received recover Rep'r Indexes respondent reversed Special Term statute street Supreme Court Surety surrogate Surrogate's Court tenant testator testatrix testimony thereof tiff tion topic Trial Term trust verdict witness York City York County
Popular passages
Page 313 - When construing and enforcing the provisions of this act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any...
Page 343 - The power we allude to is rather the police power, the power vested in the legislature by the constitution to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth and of the subjects of the same.
Page 344 - That woman's physical structure and the performance of maternal functions place her at a disadvantage in the struggle for subsistence is obvious. This is especially true when the burdens of motherhood are upon her. Even when they are not, by abundant testimony of the medical fraternity continuance for a long time on her feet at work, repeating this from day to day, tends to injurious effects upon the body, and, as healthy mothers are essential to vigorous offspring, the physical well-being of woman...
Page 336 - ED his said intended wife, for and during the term of her natural life ; and...
Page 640 - 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 572 - Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive...
Page 563 - ... requests or accepts a gift or gratuity or a promise to make a gift or to do an act beneficial to himself, under an agreement or with an understanding that he shall act in any particular manner...
Page 344 - Differentiated by these matters from the other sex, she is properly placed in a class by herself, and legislation designed for her protection may be sustained, even when like legislation is not necessary for men, and could not be sustained.
Page 685 - If an action is commenced within the time limited therefor, and a judgment therein is reversed on appeal, without awarding a new trial, or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits : tlie plaintiff, or.
Page 515 - That every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce...