Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 24
New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero
Lawyers Co-operative Publishing Company, 1870
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accept action affirmed agents agreed agreement amount appealed apply assumed authority bank bond carrier carry cause Central Railroad Company charge circumstances claim common consideration considered Constitution construction contract corporation damages death debt deceased deed defendant delivered demand directed duty effect entitled evidence execution existence express fact follows freight give given granted gross ground held hold husband injury insured intended interest issue judge judgment jury land liability limited loss meaning ment mortgage negligence objection operate opinion owner paid parties pass payment performance person plaintiff possession present principle proceedings proved provision question reason received record referred relation respect responsible risks road rule says secure statute sufficient Supreme Court sustained taken tion town transfer trial trust valid verdict void wife witness York Central
Página 387 - That the records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
Página 475 - As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Página 171 - that where one person makes a promise to another for the benefit of a third person, that third person may maintain an action upon it.
Página 231 - The general rule, resulting from considerations as well of justice as of policy, is, that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and in legal presumption, the compensation is adjusted accordingly.
Página 44 - The judgment of the Appellate Division should be reversed, and that of the Special Term affirmed, with costs in this court and in the Appellate Division.
Página 43 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Página 75 - Federal courts, no person shall be compelled in a criminal case to be a witness against himself, nor deprived of his liberty, without due process of law.
Página 466 - ... the jury may give such damages as they shall deem a fair and just compensation, with reference to the pecuniary injuries resulting from such death, to the wife and next of kin of such deceased person...
Página 300 - Each of said notes shall be payable, in part or in whole, at any time when the directors shall deem the same requisite for the payment of losses by fire or inland navigation, and such incidental expenses as may be necessary for transacting the business of said company.
Página 14 - Future estates are either vested or contingent: They are vested when there is a person in being who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate. They are contingent whilst the person to whom, or the event upon which they are limited to take effect remains uncertain.