Reports of Cases Decided in the Court of Appeals of the State of New York, 111. köideNew York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels Lawyers Co-operative Publishing Company, 1889 |
From inside the book
Results 1-5 of 79
Page 103
... facts are , of course , not precisely similar , yet in not one of them does the fact exist of a devise of property to a corporation which it cannot hold , because the limitation has been reached provided for by statute , and , of course ...
... facts are , of course , not precisely similar , yet in not one of them does the fact exist of a devise of property to a corporation which it cannot hold , because the limitation has been reached provided for by statute , and , of course ...
Page 114
... facts under which the question arises is undis- puted , and it becomes a question of law as to what is the proper legal inference to be drawn from the undisputed facts , and the decision of that question is reviewable in this court ...
... facts under which the question arises is undis- puted , and it becomes a question of law as to what is the proper legal inference to be drawn from the undisputed facts , and the decision of that question is reviewable in this court ...
Page 148
... facts , so far as material , are set forth in the opinion . A. J. Abbott for appellant . The court erred in excluding testimony of plaintiff as to the decline of his business in con- sequence of the slanders which were largely spoken ...
... facts , so far as material , are set forth in the opinion . A. J. Abbott for appellant . The court erred in excluding testimony of plaintiff as to the decline of his business in con- sequence of the slanders which were largely spoken ...
Page 149
... Facts available in mitigation must be shown to be facts . ( 81 N. Y. 249. ) Charging an attorney at law with dishonesty in his practice and profession is actionable , per se . ( Sedg . on Damages , 673 ; Townshend on Slander and Libel ...
... Facts available in mitigation must be shown to be facts . ( 81 N. Y. 249. ) Charging an attorney at law with dishonesty in his practice and profession is actionable , per se . ( Sedg . on Damages , 673 ; Townshend on Slander and Libel ...
Page 154
... facts of this case so far as they pertain to the defamatory letter . The plaintiff was a lawyer and had been engaged ... fact any young man in the place , to tell her because her father did not go out a great deal and had no means of ...
... facts of this case so far as they pertain to the defamatory letter . The plaintiff was a lawyer and had been engaged ... fact any young man in the place , to tell her because her father did not go out a great deal and had no means of ...
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Common terms and phrases
affirmed agreement alleged amount appeal apply authority Barb bond Broadway Surface cause of action chap charged charter claim clause Constitution construction contract Cornell corporation counsel court of equity creditors DANFORTH death debts deceased decided November 27 defendant defendant's devise duty entitled equity evidence ex rel execution executor executrix facts franchise fund grant held hold husband income intent interest Jennie McGraw John McGraw judgment judicial department jury land legatee legislature lien limitation LXVI Mayor ment mortgage Opinion paid Paige parties payment PECKHAM plaintiff Potomac Co provisions purchase purpose question R. R. Co Railroad Company real estate reason received repeal respondent Revised Statutes RUGER scrip SICKELS-VOL Slander and Libel Statement statute of limitations supra Supreme Court surrogate Term testator's testatrix thereof tion traffic contracts trial trust valid vested void Wend wife York
Popular passages
Page 577 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Page 150 - ... the law considers such publication as malicious unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 150 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 570 - ... accompanied by an immediate delivery, and followed by an actual and continued change of possession...
Page 549 - The county court shall have, such jurisdiction in cases arising in justices courts, and in special cases, as the Legislature may prescribe ; but shall have no original civil jurisdiction, except in such special cases.
Page 141 - They are nothing more or less than the powers of government inherent in every sovereignty to the extent of its dominions.
Page 62 - It may, however, be stated generally, that due process of law requires an orderly proceeding, adapted to the nature of the case, in which the citizen has an opportunity to be heard, and to defend, enforce, and protect his rights. A hearing or an opportunity to be heard is absolutely essential. We cannot conceive of due process of law without this.
Page 142 - The inquiry there was as to the extent of the police power in cases where the public interest is affected ; and we held that when an employment or business becomes a matter of such public interest and importance as to create a common charge or burden upon the citizen ; in other words, when it becomes a practical monopoly, to which the citizen is compelled to resort, and by means of which a tribute can be exacted from the community, it is subject to regulation by the legislative power.
Page 394 - No agent has power in behalf of the company to make or modify this or any other contract of insurance, to extend the time for paying a premium, to waive any forfeiture, or to bind the company by making any promise, or making or receiving any representation or information.
Page 369 - A challenge to the panel can be founded only on a material departure from the forms prescribed in respect to the drawing and return of the jury in civil actions, or on the intentional omission of the sheriff to summon one or more of the jurors drawn.