Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Том 187 |
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accumulated dividends affd affirmed agreed agreement alleged amended amount appellant April attorney authority Bank bonds Brown cause of action chap City Civil Procedure claim clerk complaint concurred constitute contract corporation costs and disbursements counsel court of equity Cugle damages defendant defendant's delivery demurrer denied district dividends dollars costs entitled evidence ex rel fact favor fire Fourth Department granted held income interest judgment jury lease liability lien March Matter ment mortgage motion opinion paid parties payment person petitioners plaintiff preferred stock proceeding purchase question recover res judicata respondent reversed Ryan Second Department SHEARN Special Term specific statute stockholders subd supra Supreme Court Surrogate's Court ten dollars costs testator testified testimony thereof town Town of Whitestown trial trust company verdict violation witness York
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Страница 386 - Intend. (1) Where there is a contract to sell specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. (2) For the purpose of ascertaining the intention of the parties, regard shall be had to the terms of the contract, the conduct of the parties, usages of trade and the circumstances of the case.
Страница 568 - Provided, however, That if the loss, damage or injury complained of was due to delay or damage while being loaded or unloaded, or damaged in transit by carelessness or negligence, then no notice of claim nor filing of claim shall be required as a condition precedent to recovery.
Страница 383 - ... goods to be manufactured or acquired by the seller after the making of the contract of sale, in this Act called
Страница 233 - Fifty-seventh street, at a yearly rental of $38,000, payable " in equal monthly installments in advance on the first day of each and every month during the term of said lease," and for a period of ten years from October 1, 1917.
Страница 44 - The authorities from the earliest time to the present unanimously hold that no court will lend its assistance in any way towards carrying out the terms of an illegal contract.
Страница 28 - Sections seventeen and eighteen of this article shall not apply to any bill or the amendments to any bill which shall be reported to the Legislature by commissioners' who have been appointed pursuant to law to revise the statutes.
Страница 977 - 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.
Страница 141 - ... and may determine who is entitled to the same, and direct to whom the same shall be paid ; and may, in its discretion, order a reference to ascertain the facts on which such determination and order are to be made.
Страница 37 - An obligation will be enforced, though indirectly connected with an illegal transaction, if it is supported by an independent consideration, so that the plaintiff does not require the aid of the illegal transaction to make out his case.
Страница 772 - shall include cars and other vehicles and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof and all services in connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, storage, and handling of property transported...