Reports of Cases Heard and Determined in the Supreme Court of the State of New York, Volume 92Banks & Bros., 1895 - Law reports, digests, etc |
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Results 1-5 of 89
Page iv
... complaint affirmed , with costs to the respondent , bui with leave to the plaintiff to amend his complaint within twenty days after service upon his attorney of a copy of the order entered on our remittitur : 146 N. Y. 46 . GAUL v ...
... complaint affirmed , with costs to the respondent , bui with leave to the plaintiff to amend his complaint within twenty days after service upon his attorney of a copy of the order entered on our remittitur : 146 N. Y. 46 . GAUL v ...
Page 2
... complaint upon the merits . It was alleged in the complaint in this action that the plaintiff was the duly appointed administratrix with the will annexed of William Gilchrist , Sr. , deceased ; that the defendant was the duly appointed ...
... complaint upon the merits . It was alleged in the complaint in this action that the plaintiff was the duly appointed administratrix with the will annexed of William Gilchrist , Sr. , deceased ; that the defendant was the duly appointed ...
Page 3
... complaint ; that Truman C. Gilchrist was sole surviving partner of the firm of T. C. & W. Gil- christ ; that William Gilchrist , Sr. , died at the time alleged ; that Betsey Gilchrist was duly appointed as executrix of his last will and ...
... complaint ; that Truman C. Gilchrist was sole surviving partner of the firm of T. C. & W. Gil- christ ; that William Gilchrist , Sr. , died at the time alleged ; that Betsey Gilchrist was duly appointed as executrix of his last will and ...
Page 4
... complaint in this action , and that the will of William Gilchrist , Sr. , mentioned in such judgment roll , was the same will of the same William Gilchrist mentioned in the pleadings in this action . After these admissions were made the ...
... complaint in this action , and that the will of William Gilchrist , Sr. , mentioned in such judgment roll , was the same will of the same William Gilchrist mentioned in the pleadings in this action . After these admissions were made the ...
Page 9
... complaint , it being based upon the theory of a trust , and the complaint charging that it is based upon a trust . " Second . Upon the ground that the matter involved in the action is res judicata , as shown by the judgment roll in the ...
... complaint , it being based upon the theory of a trust , and the complaint charging that it is based upon a trust . " Second . Upon the ground that the matter involved in the action is res judicata , as shown by the judgment roll in the ...
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Common terms and phrases
action brought affidavit agent agreement alleged amount appellant assignment attorney bank bill of lading cause of action charge Civil Procedure claim clerk Code of Civil complaint concurred contract corporation Court in favor court of equity creditors damages deceased deed defendant defendant's denying E. W. Bullinger entered entitled equity evidence executed executor fact FEBRUARY TERM Fesler FIFTH DEPARTMENT firm FOURTH DEPARTMENT Gilchrist granted held HUN-VOL Impleaded indorsed injury issued jury liable lien LXXXV MARCH TERM matter ment mortgage motion negligence paid Panama Railroad Company parties payment person plaintiff possession premises proceeding provisions purchase question Railroad Company received referee relator rendered respondent rule Smith statute street Supreme Court surety sustained testator testified testimony therein thereof tion train trial trust verdict Wainwright & Bryant Walter Carr William Gilchrist Wiman witness
Popular passages
Page 32 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the insured unless so written or attached.
Page 148 - Part further covenants and agrees to merchandise such wheat in foreign ports, it being understood and agreed between the Party of the First Part and the Party of the Second Part...
Page 32 - This company shall not be held to have waived any provision or condition of this policy, or any forfeiture thereof by any requirement, act, or proceeding on Its part relating to the appraisal or to any examination herein provided for...
Page 112 - The court instructed the jury, that if they were satisfied...
Page 32 - ... within sixty days after the fire, unless such time is extended in writing by this company, shall render a statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the insured as to the time and origin of the fire; the interest of the insured and of all others in the property; the cash value of each item thereof, and the amount of loss thereon...
Page 123 - If the executor or administrator doubts the justice of any such claim, he may enter into an agreement in writing with the claimant to refer the matter in controversy to one or more disinterested persons, to be approved by the surrogate.
Page 32 - ... any changes in the title, use, occupation, location, possession or exposures of said property since the Issuing of this policy ; by whom and for what purpose any building herein described and the several parts thereof were occupied at the time of the fire...
Page 16 - Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defence
Page 244 - When any such person or corporation becomes beneficially entitled, in possession or expectancy, to any property or the income thereof by any such transfer, whether made before or after the passage of this act.
Page 39 - Any corporation formed under this act may purchase mines, manufactories or other property necessary for its business, or the stock of any company or companies owning, mining, manufacturing or producing materials, or other property necessary for its business, and issue stock to the amount of the value thereof in payment therefor...