How to Prove a Prima Facie CasePrentice-Hall, 1928 - 604 էջ |
Common terms and phrases
accident adultery alleged amount breach buyer cause of action certificate charge claim coalhole complaint contract contributory negligence conversation court court of equity criminal conversation deed DEFENDANT'S COUNSEL defendant's Exhibit delivered delivery divorce Edwin Jones examination fact fendant Form fraud ground husband or wife injury insured Jones judgment jury know the defendant liable marked plaintiff's marriage married ment Misc mortgage N. Y. Supp negligence Negotiable Instruments notice offer in evidence opinion owner paid party passenger payment person physician plaintiff PLAINTIFF'S COUNSEL plaintiff's Exhibit possession premises presumption proof proved purchase question real estate reasonable received recover refused replevin res ipsa loquitur rule Section seller signature silk Smith statute Statute of Frauds Street sufficient supra sustained testator testified testimony thereof tiff tion told trial witness York City
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Էջ 78 - In the case of a contract to sell or a sale of a specified article under its patent or other trade name, there is no implied warranty as to its fitness for any particular purpose.
Էջ 65 - Where there is an available market for the goods in question, the measure of damages, in the absence of special circumstances showing proximate damages of a greater amount, is the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered, or, if no time was fixed, then at the time of the refusal to deliver.
Էջ 79 - An implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade. (6) An express warranty or condition does not negative a warranty or condition implied under this act unless inconsistent therewith.
Էջ 62 - ... ready for delivery or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery ; but if the goods are to be manufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the seller's business the provisions of this section shall not apply.
Էջ 80 - ... returning or offering to return the goods. If the price or any part thereof has already been paid, the seller shall be liable to repay so much thereof as has been paid...
Էջ 139 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and Jury as evidence of the genuineness or otherwise of the writing in dispute.
Էջ 54 - 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...
Էջ 284 - An action to annul a marriage, on the ground that, the consent of one of the parties thereto was obtained by force, duress, or fraud, may be maintained, at any time, by the party whose consent was so obtained.
Էջ 80 - ... (d) Rescind the contract to sell or the sale and refuse to receive the goods, or if the goods have already been received, return them or offer to return them to the seller and recover the price or any part thereof which has been paid. (2) When the buyer has claimed and been granted a remedy in any one of these ways, no other remedy can thereafter be granted.
Էջ 143 - Every negotiable instrument is deemed prima facie to have been issued for a valuable consideration ; and every person whose signature appears thereon to have become a party thereto for value.