New York Leading Cases Annotated (cited L.C.A.): Selected Ruling Cases from the Current Decisions of the Courts of the State of New York, with Complete Annotation : Being a New Series of New York Annotated Cases

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Hiram Morris Rogers
Williamson Law Book Company, 1915 - Annotations and citations (Law)
 

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Page 424 - ... no contract, receipt, rule or regulation shall exempt such common carrier, railroad or transportation company from the liability hereby imposed : Provided, that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.
Page 430 - A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 3 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...
Page 363 - 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.
Page 214 - After hearing the appeal, the court must give judgment without regard to technical errors or defects, or to exceptions, which do not affect the substantial rights of the parties.
Page 46 - Every agreement, promise or undertaking is void, unless it or some note or memorandum thereof be in writing, and subscribed by the party to be charged therewith, or by his lawful agent, if such agreement, promise or undertaking: 1. By its terms is not to be performed within one year from the making thereof or the performance of which is not to be completed before the end of a lifetime ; 2.
Page 116 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declaration, (a) The affidavits were rejected.
Page 188 - It results from this principle, and the rule is fully established, that an entire claim, arising either upon a contract or from a wrong, cannot be divided and made the subject of several suits; and If several suits be brought for different parts of such a claim, the pendency of the first may be pleaded in abatement of the others, and a judgment upon the merits in either will be available as a bar in the other suits.
Page 511 - A person concerned in the commission of a crime, whether he directly commits the act constituting the offense or aids and abets in its commission, and whether present or absent, and a person who directly or indirectly counsels, commands, induces or procures another to commit a crime, is a
Page 46 - Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action ; or, — 3. Unless the buyer shall at the time, pay some part of the purchase money.

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