Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York, Volume 16Baker, Voorhis & Company, 1892 |
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action was brought admission agent agreement alleged amount answer appeal appellant assignment BISCHOFF BOOKSTAVER cause of action charge chattel City Court Civil Procedure claim Code commissions complaint concurred contract contributory negligence costs to abide counsel court entered damages Decided April 7th defendant defendant's demurrer District Court elevated railway employment entitled error evidence executed facts fendant gang plank ground gutta percha held injunction injury J. F. DALY judge Judgment affirmed judgment debtor jury justice LARREMORE lease liability lien matter mechanic's lien ment Mitchill mortgage negligence opinion order denying owner paid parties payment person plaint plaintiff possession premises proceedings proof purchase question railroad reason received recover referee refused rendered rent res adjudicata respondent reversed Springville statute statute of frauds Street sufficient tenant Term testator testified testimony thereof tion trial ordered undertenants verdict witness York
Popular passages
Page 55 - ... injured has not been damaged at least to the amount of what he has been induced fairly and in good faith to lay out and expend, including his own services, after making allowance for the value of materials on hand ; at least it does not lie in the mouth of the party in fault to say this, unless he can show that the expenses of the party injured have been extravagant and unnecessary for the purpose of carrying out the contract.
Page 314 - The action was brought to recover damages for the death of plaintiff's intestate, alleged to have been caused by the negligence of defendant.
Page 391 - ... shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the mortgage or a true copy thereof shall be filed...
Page 121 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be endorsed hereon or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...
Page 179 - Specifications, the same shall be decided by and decision shall be final and conclusive ; but should any dispute arise respecting the true value of the extra work, or of the works omitted, the same shall be valued by two competent persons — one employed by the Owner, and the other by the Contractor — and those two shall have power to name an umpire, whose decision shall be binding on all parties.
Page 286 - And on these grounds I concur in the opinion that the judgment should be reversed and a new trial had, with costs to abide the event.
Page 172 - An agreement, for the occupation of real property in the city of New York, which shall not particularly specify the duration of the occupation, shall be deemed to continue until the first day of May, next after the possession commences under the agreement; and rent thereunder is payable at the usual quarter days, for the payment of rent in that city, unless otherwise expressed in the agreement.
Page 448 - ... conditioned for the payment of any judgment which may be rendered against the property for the enforcement of the lien.
Page 114 - The question was one of fact, and should have been submitted to the jury. It is not material that the workman's blood vessels were weakened by disease, or that he was predisposed to hemorrhage because, for example, he had breathed the dust' of the sacking department for three years.
Page 222 - If the defendant ought to have foreseen that such an accident might happen, or if such an accident could reasonably have been anticipated, the omission to provide against it would be actionable negligence. But the facts rebut any inference of negligence on this ground. The company had the experience of years, certifying to the sufficiency of the guard. That it was possible for a child App.