Volume contains: 2 Keyes Reports 203 (McClune v. Cain) 2 Keyes Reports 256 (Erie & N.Y.C. R.R. Co. v. Patrick) 2 Keyes Reports 268 (Sands v. Shoemaker) 2 Keyes Reports 277 (Supr's of Onondaga v. Morgan) 2 Keyes Reports 462 (Merritt v. Carpenter) 3 abbotts Decisions 76 (McClune v. Cain) 4 abbotts Decisions 147 (Sands v. Harvey) 4 abbotts Decisions 149 (Sands v. Shoemaker) 4 abbotts Decisions 335 (Supr's of Onondaga v. Morgan) 31 NY 113 (Burrall v. Leavitt) 31 NY 382 (Benton v. Martin) 31 NY 453 (Burns v. Bryant) 31 NY 457 (Matthews v. Rice) 31 NY 507 (Crocker v. Crocker) 32 NY 255 (Woodruff v. Megrath) Unreported Case (Sands v. St. John)
"The Powers of New York Court of Appeals provides detailed analysis by a veteran appellate lawyer of practice before the New York Court of Appeals. It covers the Court of Appeals' jurisdiction, scope, and development; the finality requirement; appeals as of right; appeals on constitutional grounds; review of nonfinal orders; appeals by permission; limitations on appealability; time limitations; procedural aspects of questions of law; review of appeal; and disposition after the decision. Recent developments covered in this edition include: * An Appellate Division reversal of a Supreme Court order granting a motion to amend a prior final judgment does not finally determine the action within the meaning of the Constitution * Complete revision of scrutiny of jurisdiction by the Court of Appeals * Complete revision of appeals selected by the Court of Appeals for review by alternate procedure In addition, the book discusses every applicable local court rule for appeals to the Court of Appeals and each of the four departments of the appellate division, as well as the statutory requirements for the appeals to the county court from city courts and town and village district courts."--Publisher's website.
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...by plaintiffs, and the number of pieces, in regard to which matters there is no dispute. The important letter is that of Oct. 4th (Ex. B). This letter must be divided into two parts. 1st: The offer to purchase, which, if accepted, would create a contract of sale binding upon the defendants. 2d. A request for some kind of an answer by return mail. A refusal of the offer to be signified in a particular xoayy i. e., "If the offer is rejected please send here for this piece" (fol. 34). The offer to purchase was complete in all respects, the price was definite--80 cents a yard--also the amount. Had the plaintiffs signified their acceptance in any way upon receipt of this letter, by message, letter, or delivery, there would be no doubt; the exact manner of acceptance would have been of no import. Had they, on Oct. 5th, as they did subsequently on Oct. 9th, /. e., sent the goods with the same invoice, there could be no question of their acceptance. The defendants would have been admittedly liable for the price and the defendants could have forced plaintiffs to deliver the balance at the same price, or held the plaintiffs liable to them in damages. This brings us to the second part of defendants' letter. In their letter the defendants ask for an answer by return mail and in case of rejection to send for sample piece. This must be read together and was in no sense part of the contract or one of its terms, or conditions. It had no purpose further than bringing about the sale or contract. The letter of Oct. 5th (Ex. C) was written at once upon receipt of the offer (Ex. 11, fols. 34 and 35). In this letter (Ex. C) the plaintiffs repeat the defendants' offer without the slightest variation, the number of pieces, the price and all exactly the...
