Reports of Cases Decided in the Court of Appeals of the State of New York, Том 143New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels Lawyers Co-operative Publishing Company, 1894 |
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affirmed a judgment Agree to affirm agreement alleged APPEAL from judgment APPEAL from order appellant Argued June authority avenue Bank Barb cause of action certificate chap charge claim clause Code Civ commenced commissioners complaint concur consent construction contract conveyance corporation court of equity damages decided October deed defendant defendant's Elevated Railroad elevated railway entitled equity evidence ex rel facts foreclosure franchises granted GRAY held highway imposed intended interest issued Judgment affirmed judgment in favor judicial department June 19 June 22 jurisdiction jury land legislature liable Mariposa Mayor ment mortgage motion N. Y. Rep O'BRIEN October 9 Opinion owner parties payment PECKHAM person plaintiff proceedings proof provision purchase purpose question Railroad Company railway Rapid Transit reason recover referee respondent SICKELS-VOL spark arrester Special Term Statement statute street Supreme Court testator thereof tion trial trust Wend XCVIII
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Страница 313 - This company shall not be liable under this policy for a greater proportion of any loss on the described property, or for loss by and expense of removal from premises endangered by fire, than the amount hereby insured shall bear to the whole insurance, whether valid or not, or by solvent or insolvent insurers, covering such property...
Страница 313 - Loss or damage, if any, under this policy shall be payable to as mortgagee (or trustee) as interest may appear, and this insurance, as to the interest of the mortgagee (or trustee) only therein, shall not be invalidated by any act or neglect of the mortgagor or owner...
Страница 547 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Страница 118 - 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, or liability, penalty, forfeiture or punishment incurred prior to May 1, 1891, under or by virtue of any law so repealed, but the same may be asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if such law had not been repealed.
Страница 365 - No act committed by a person while in a state of voluntary intoxication, shall be deemed less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive or intent is a necessary element to constitute a particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive or intent with which he committed the act.
Страница 319 - ... to all the rights of the party to whom such payment shall be made, under all securities held as collateral to the mortgage debt...
Страница 319 - ... insurance, as to the interest of the mortgagee (or trustee) only therein, shall not be invalidated by any act or neglect of the mortgagor or owner of the within described property...
Страница 177 - ... to procure a judgment, directing a conveyance of real property ; and every other action to recover, or to procure a judgment, establishing, determining, defining, forfeiting, annulling, or otherwise affecting, an estate, right, title, lien, or other interest, in real property, or a chattel real.
Страница 405 - Lightning, and in no case to include loss or damage by cyclone, tornado or windstorm), not exceeding the sum insured, nor the interest of the insured in the property, and subject in all other respects to the terms and conditions of this policy.
Страница 259 - ... the second report shall be final and conclusive on all the parties interested.