Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volumen145 |
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Página 19
... contract on the ground of fraud or imposition he must tender a return of what he received under it before he can maintain an action , does not apply where he does not seek a rescission , but denies making such contract and claims that ...
... contract on the ground of fraud or imposition he must tender a return of what he received under it before he can maintain an action , does not apply where he does not seek a rescission , but denies making such contract and claims that ...
Página 21
... contract being binding only so far as actually executed . Where the buyer agreed to pay a certain sum by paying a sight draft before the delivery of the apples and the balance , less freight charges , by check after delivery , he waived ...
... contract being binding only so far as actually executed . Where the buyer agreed to pay a certain sum by paying a sight draft before the delivery of the apples and the balance , less freight charges , by check after delivery , he waived ...
Página 23
... contract price . The learned trial court held that the contract was unilateral in that the plaintiff was not bound to furnish any particular number of carloads and , therefore , the defendant was not obliged to accept any particular ...
... contract price . The learned trial court held that the contract was unilateral in that the plaintiff was not bound to furnish any particular number of carloads and , therefore , the defendant was not obliged to accept any particular ...
Página 24
... contract was rather to pur- chase all the apples the plaintiff desired to sell at a certain price or all the purchaser desired to take at a given price . Such contract under all the authorities is held to be void because it does not ...
... contract was rather to pur- chase all the apples the plaintiff desired to sell at a certain price or all the purchaser desired to take at a given price . Such contract under all the authorities is held to be void because it does not ...
Página 25
... contract that he will pay the purchase price before inspection . We think the defendant in the present case made a contract to pay at least fifty cents per 100 pounds according to the plaintiff's weighing , before delivery and before ...
... contract that he will pay the purchase price before inspection . We think the defendant in the present case made a contract to pay at least fifty cents per 100 pounds according to the plaintiff's weighing , before delivery and before ...
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Términos y frases comunes
affd agreement Albany alleged amount appellant to abide attorney authority Bank Bank of Montreal bills of lading bonds cause of action chap charge Civil Procedure claim clerk commissioners complaint concurred construction contract contributory negligence corporation costs and disbursements damages deceased defendant defendant's demurrer directors dissented dollars costs duty entered entitled evidence ex rel executors fact Fourth Department held Impleaded INGRAHAM issue Jenks Judgment and order July June jury liability lien mandamus Matter ment negligence notice opinion Order affirmed Order reversed owner paid party payment person plaintiff preferred stock proceeding proof purchase purpose question railroad company reason received recover refused Respondent Second Department Special Term statute stockholders street Supreme Court ten dollars costs testator thereof Third Department tion Trust Company verdict witness writ of mandamus York YORK ex rel
Pasajes populares
Página 963 - Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive...
Página 791 - Sound mind and memory, do make, publish and declare, this my last will and testament, in manner following, that is to say...
Página 330 - ... when necessary for the acquisition of property, the construction, completion, extension, or improvement of its facilities, or for the improvement or maintenance of its service or for the discharge or lawful refunding of its obligations...
Página 973 - In case of any transfer of Interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the Interest is transferred to be substituted In the action or joined with the original party.
Página 452 - A person who, with the intent to deprive or defraud the true owner of his property, or of the use and benefit thereof, or to appropriate the same to the use of the taker, or of any other person, either, 1.
Página 402 - Value is any consideration sufficient to support a simple contract. An antecedent or pre-existing debt constitutes value ; and is deemed such whether the instrument is payable on demand or at a future time.
Página 355 - To make a dividend, except from the surplus profits arising from the business of the corporation, and in the cases and manner allowed by law ; or, 2. To divide, withdraw, or in any manner...
Página 355 - ... 5. To apply any portion of the funds of such corporation, except surplus profits, directly or indirectly, to the purchase of shares of its own stock ; or 6.
Página 131 - Signed, sealed, published, and declared by the said Thomas Gray, the testator, as and for his Last Will and Testament, in the presence of us, who in his presence and at his request, and in the presence of each other, have signed our names as witnesses hereto.
Página 341 - ... provided and not otherwise that there shall have been secured from the proper commission an Order authorizing such issue...