Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Band 186 |
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affd agreement alleged amount appellant attorney Attorney street award Bank Brooklyn Brooklyn Heights cause of action chap charge City Civil Procedure claim clerk Commission complaint concurred contract contributory negligence corporation counsel damages death deceased decedent defendant defendant's demurrer dollars costs easements employee entered entitled equity evidence ex rel executor fact February feet filed franchise tax held husband interest interstate commerce issue January Judgment affirmed judgment and order jury lease Lehigh Valley letter letters testamentary liability lien March Matter ment Misc mortgage motion negligence opinion paid parties payment person plaintiff premises proceedings Queens County question R. R. Co Realty recover respondent reversed Second Department SHEARN Special Term statute street subd supra Supreme Court Surrogate's Court tenant testator testified testimony thereof Third Department trial trust verdict York
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Seite 433 - Was the employee at the time of the injury, engaged in interstate transportation or in work so closely related to it as to be practically a part of it.
Seite 446 - Every person who shall use any threatening, abusive, or insulting words or behaviour with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned : 14.
Seite 701 - ... no action shall be brought upon any agreement that is not to be performed within one year from the making thereof, * * * unless the promise, contract, or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized.
Seite 794 - In determining the price to be charged for gas or electricity the commission may consider all facts which in its judgment have any bearing upon a proper determination of the question although not set forth in the complaint and not within the allegations contained therein, with due regard among other things to a reasonable average return upon capital actually expended and to the necessity of making reservations out of income for surplus and contingencies.
Seite 720 - It must be to the effect, that, the sureties are bound in a specified sum, not less than twice the value of the chattel, as stated in the affidavit, for the prosecution of the action ; for the return of the chattel to the defendant, if possession thereof is adjudged to him, or if the action abates, or is discontinued, before the chattel is returned to the defendant ; and for the payment to the defendant of any sum, which the judgment awards to him against the plaintiff.
Seite 43 - Neither the state courts nor the legislatures, by giving the tax a particular name or by the use of some form of words, can take away our duty to consider its nature and effect. If it bears upon commerce among the states so directly as to amount to a regulation in a relatively immediate way, it will not be saved by name or form.
Seite 818 - Such conduct on the part of the defendant towards the plaintiff as may render it unsafe and improper for the former to cohabit with the latter.
Seite 793 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect or receive from any person or persons a greater or less compensation...
Seite 43 - ... shall pay to the state treasurer, for the use of the state, a license fee of one-eighth of one per centum for the privilege of exercising its corporate franchises or carrying on its business in such corporate or organized capacity in this state, to be computed upon the basis of the capital stock employed by it within this state...
Seite 35 - ... by whatever name the exaction may be called, if it amounts to no more than the ordinary tax upon property or a just equivalent therefor, ascertained by reference thereto, it is not open to attack as inconsistent with the Constitution.