Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 171
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action affirmed agreed agreement alleged amount answer appellant applied attorney authority award Bank bill brought cause of action chap charge City claim Commission commissioners compensation complaint concurred condition contained contract corporation costs counsel court damages defendant defendant's delivered denied determination directed dismissed dollars effect entered entitled establish evidence ex rel execution fact favor February finding follows further give given granted held interest issue January judgment jury land lease liability March Matter ment mortgage motion negligence notice opinion paid parties payment person plaintiff present proceeding proof Public purchase question railroad reason received recover relator Respondent reversed rule Second Department Special statute street Supreme Court taken Term thereof Third Department tion trial trust verdict York
Page 637 - ... refund or remit in any manner or by any device any portion of the rates, fares, and charges so specified, nor extend to any shipper or person any privileges or facilities in the transportation of passengers or property, except such as are specified in such tariffs: Provided, That wherever the word 'carrier' occurs in this Act it shall be held to mean 'common carrier'.
Page 640 - ... the commission shall with due regard among other things to a reasonable average return upon the value of the property actually used in the public service and to the necessity of making reservation out of income for surplus and contingencies...
Page 517 - If his conduct or capacity on probation be unsatisfactory to the 'appointing officer the probationer shall be notified in writing that at the end of such period he shall, for that reason, not be retained; his retention in the service otherwise shall be equivalent to permanent appointment. Veterans of the Civil War, honorably discharged from the military or the naval service of the United States, shall not be subject to such probation.
Page 90 - If it be established that the injured employee was a minor when injured, and that under normal conditions his wages would be expected to increase, the fact may be considered in arriving at his average weekly wages.
Page 780 - A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face; (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; (3) That he took it in good faith and for value; (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 637 - In effect at the time ; nor shall any carrier refund or remit in any manner or by any device any portion of the rates, fares, and charges...
Page 524 - To divide, withdraw, or in any manner pay to the stockholders, or any of them, any part of the capital stock of the corporation ; or to reduce such capital stock without the consent of the legislature ; or 3.
Page 219 - The compensation of an attorney or counsellor for his services, is governed by agreement, express or implied, which is not restrained by law. From the commencement of an action or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action or counterclaim, which attaches to a verdict, report, decision or judgment in his client's favor and the proceeds thereof in whosoever hands they may come ; and cannot be affected by any...
Page 419 - ... 6. Where a signature is so placed upon the instrument that it is not clear in what capacity the person making the same intended to sign, he is to be deemed an indorser; 7. Where an instrument containing the words, "I promise to pay," is signed by two or more persons, they are deemed to be jointly and severally liable thereon.