Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 70 |
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agreement alleged amount appellant to abide Appellate Division APRIL TERM assessments authority Bank bonds BRUNT cause of action Civil Procedure claim clerk complaint concurred contract corporation costs and disbursements Court in favor creditors damages David Walker death deceased decree deed defendant defendant's demurrer dissented dividend dollars costs entered entitled evidence EX REL executed executor fact FOURTH DEPARTMENT Hatch held Impleaded injuries interest intestate issued Judgment affirmed Judgment and order Judgment reversed jury lanoline lease letters testamentary liability MARCH TERM Matter ment mortgage motion negligence opinion Order affirmed paid parties payment person plaintiff preferred creditors premises purchase question real estate received recover referred rents repair respondent shares Smith Special Term statute Statute of Limitations street Supreme Court Surrogate's Court sustained testator thereof THIRD DEPARTMENT tion trust verdict York
Popular passages
Page 526 - No will in writing, except in the cases hereinafter mentioned, nor any part thereof, shall be revoked, or altered, otherwise than by some other will in writing, or some other writing of the testator, declaring such revocation or alteration, and executed with the same formalities with which the will itself was required by law to be executed...
Page 662 - A married woman may, in her own name, or in the name of a third person, with his consent, as her trustee, cause the life of her husband to be insured for a definite period, or for the term of his natural life. Where a married woman survives such period or term she is entitled to receive the insurance money, payable by the terms of the policy, as her separate property, and free from any claim of a creditor or representative of her husband, except, that where the premium actually paid annually out...
Page 666 - In pleading the performance of a condition precedent in a contract. it is not necessary to state the facts constituting performance; but the party may state, generally, that he, or the person whom he represents, duly performed all the conditions on his part.
Page 525 - But the plaintiff is not entitled to a judgment, establishing a lost or destroyed will, as prescribed in this article, unless the will was in existence, at the time of the testator's death, or was fraudulently destroyed in his life-time ; and its provisions are clearly and distinctly proved by at least two credible witnesses, a correct copy or draft being equivalent to one witness.
Page 269 - ... obligation shall be void and of no effect, otherwise to remain in full force and virtue.
Page 594 - Takes, receives, employs, harbors or uses, or causes or procures to be taken, received, employed or harbored or used, a female under the age of eighteen years, for the purpose of prostitution; or, not being her husband, for the purpose of sexual intercourse...
Page 535 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation...
Page 514 - The remedy of subrogation is no longer limited to sureties and quasi sureties, but includes so wide a range of subjects that it has been called the 'mode which equity adopts to compel the ultimate payment of a debt by one who in justice, equity and good conscience ought to pay it.
Page 675 - In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking or receiving the same ; provided such action is commenced within two years from the time the usurious transaction occurred.
Page 593 - Eslofsky, who was then under the age of eighteen years, to wit, of the age of fifteen years...