The New York Supplement, Volume 107West Publishing Company, 1908 - Law reports, digests, etc "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
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Common terms and phrases
141 New York 189 N. Y. Memoranda 56 Misc abide the event act Laws affidavit agreement alleged amount Appeal from Municipal appellant to abide Appellate Division Appellate Term Argued before GILDERSLEEVE attorney bonds Borough of Manhattan cause of action Cent City claim Code Civ commission Company complaint concur contract corporation costs to appellant counsel creditors deceased December December 12 defendant appeals defendant's demurrer dismissed entitled evidence executors fact fendant filed held issue Judgment affirmed judgment for plaintiff Judgment reversed jury lease lien Manhattan ment mortgage motion Municipal Court N. Y. Supp negligence Note Note.-For November 29 owner paid party payment person plaintiff appeals premises proceedings question recover respondent Special Term statute street Supreme Court Surrogate's Court testator testified thereof tiff tion trial ordered trust verdict York City Railway York County York State Reporter
Popular passages
Page 160 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 353 - What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience. On the other hand, what the public is entitled to demand is that no more be exacted from it for the use of a public highway than the services rendered by it are reasonably worth.
Page 160 - In the hands of any holder other than a holder In due course, a negotiable Instrument Is subject to the same defenses as if it were nonnegotiable. But a holder who derives his title through a holder in due course...
Page 353 - And in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute and the sum required to meet operating expenses, are all matters for consideration, and are to be given such weight as may be just and right in each case. We do not say that...
Page 159 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 160 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Page 476 - The trustee of the estate of a bankrupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt as of the date he was adjudged a bankrupt...
Page 461 - What usually is done may be evidence of what ought to be done, but what ought to be done is fixed by a standard of reasonable prudence, whether it usually is complied with or not.
Page 182 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Page 476 - The trustee may avoid any transfer by the bankrupt of his property which any creditor of such bankrupt might have avoided, and may recover the property so transferred, or its value, from the person to whom it was transferred, unless he was a bona fide holder for value prior to the date of the adjudication.