alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### COMPTOGRAPH CO. v. SCHMALHOLZ.

(Supreme Court, Appellate Term, First Department.

December 4, 1914.)

Principal and Agent (§ 123*)—-Liability oe Principal — Contracts oe Agent—Evidence—Sufficiency.

In an action for the price of an adding machine, bought by defendant’s bookkeeper, evidence *held*insufficient to show that the bookkeeper was authorized to make the purchase.

[Ed. Note.—For other cases, see Principal and Agent, Cent. Dig. §§ 420-429; Dec. Dig. § 123.*]

Appeal from Municipal Court, Borough of Manhattan, First District.

*99Action by the Comptograph Company against Edward B. Schmalholz, doing business under the name of Theodore B. Schmalholz & Son. From a judgment for plaintiff, defendant appeals. Reversed and remanded.

Argued October term, 1914, before SEABURY, BIJUR, and COHALAN, JJ.

Edward H. Hawke, Jr., of New York City (Herbert R. Limburg, of New York City, of counsel), for appellant.

Charles Kaufmann, of New York City (Joseph J. Corn, of New York City, and J. Lester Lewine, of Fleischmanns, of counsel), for respondent.

*

For other cases see same topic & § number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes

COHALAN, J.

Plaintiff sues to recover the purchase price of a second hand adding machine. The alleged sale, evidenced by a written agreement, was made through one Seymour, a bookkeeper of the defendant. This employe had been discharged by the defendant, and testified on the trial of the action that the machine, concededly on trial in the defendant’s place of business, was bought by the defendant. The defendant claims that the employé had no express or apparent authority to bind him to such a contract.

The weight of the evidence seems to sustain the defendant’s contention. It shows that the business was not placed in Seymour’s charge, but that one Smith was the business manager thereof; that the defendant was in his place of business every day, and was there at the precise time when the agreement was signed by Seymour. Moreover, the plaintiff was informed by Seymour that the express consent of the defendant would have been necessary to purchase the machine. Under these circumstances the plaintiff dealt with the bookkeeper at its peril. People v. Brooklyn Cooperage Co., 187 N. Y. 142, 79 N. E. 866; Edwards v. Dooley, 120 N. Y. 540, 24 N. E. 827. It is significant, too, that the written agreement was never shown to the defendant, and that it was not found until after the discharge of Seymour, when a prompt demand was made upon the plaintiff to remove the machine.

Judgment reversed, and new trial ordered; costs to appellant to abide the event. All concur.
#### ALPHA PORTLAND CEMENT CO., Respondent, v. GABRIEL BROS. CONST. CO., Appellant.

(Supreme Court, Appellate Division, First Department.

December 4, 1914.)

Action by the Alpha Portland Cement Company against the Gabriel Bros. Construction Company. E. Herrmann, of New York City, for appellant. L. H. Porter, of New York City, for respondent.

No opinion. Judgment affirmed, with costs. Order filed.
§ 60.63 Participation in license reviews. ( a ) State, local governmental bodies, and affected, Federally-recognized Indian Tribes may participate in license reviews as provided in subpart J of part 2 of this chapter. A State in which a repository for high-level radioactive waste is proposed to be located and any affected, Federally-recognized Indian Tribe shall have an unquestionable legal right to participate as a party in such proceedings.
( b ) In addition, whenever an area has been approved by the President for site characterization, a State or an affected Indian Tribe may submit to the Director a proposal to facilitate its participation in the review of a site characterization plan and/or license application. The proposal may be submitted at any time and must contain a description and schedule of how the State or affected Indian Tribe wishes to participate in the review, or what services or activities the State or affected Indian Tribe wishes NRC to carry out, and how the services or activities proposed to be carried out by NRC would contribute to such participation. The proposal may include educational or information services (seminars, public meetings) or other actions on the part of NRC, such as employment or exchange of State personnel under the Intergovernmental Personnel Act.
( c ) The Director shall arrange for a meeting between the representatives of the State or affected Indian Tribe and the NRC staff to discuss any proposal submitted under paragraph (b) of this section, with a view to identifying any modifications that may contribute to the effective participation by such State or Tribe.
( d ) Subject to the availability of funds, the Director shall approve all or any part of a proposal, as it may be modified through the meeting described above, if it is determined that: ( 1 ) The proposed activities are suitable in light of the type and magnitude of impacts which the State or affected Indian Tribe may bear;
( 2 ) The proposed activities: ( i ) Will enhance communications between NRC and the State or affected Indian Tribe;
( ii ) Will make a productive and timely contribution to the review; and
( iii ) Are authorized by law.
( e ) The Director will advise the State or affected Indian Tribe whether its proposal has been accepted or denied, and if all or any part of proposal is denied, the Director shall state the reason for the denial.
( f ) Proposals submitted under this section, and responses thereto, shall be made available at the NRC Web site, *http://www.nrc.gov ,* and/or at the NRC Public Document Room.
[51 FR 27164, July 30, 1986, as amended at 64 FR 48954, Sept. 9, 1999; 69 FR 2279, Jan. 14, 2004]
EX-35.3
Re: WFRBS 2013-C12


Per the Pooling and Servicing Agreement dated March 1, 2013, the undersigned
Officer of Pentalpha Surveillance, LLC as Trust Advisor, hereby certifies the
following for the 2013 calendar year,

(A) a review of such Trust Advisor activities during the preceding calendar
year and of such Operating Advisor performance under this Agreement, has been
made under such officer's supervision and

(B) to the best of such officer's knowledge, based on such review, such Trust
Advisor has fulfilled all its obligations under this Agreement, in all material
respects throughout such year.


Date: March 5, 2014

PENTALPHA SURVEILLANCE LLC

By:    /s/ James Callahan
Name:  James Callahan
Title: In his capacity as Executive Director


WFRBS 2013-C12 Annual Compliance Statement-2013-Pentalpha

GREENWICH OFFICE PARK, BUILDING TWO, GREENWICH, CT 06831

MAIL TO: PO BOX 4839, GREENWICH CT 06831

203.660.6100 | PENTALPHAGLOBAL.COM
227 So.2d 593

#### CHEVRON OIL COMPANY v. Hall W. WILSON, Jr., et al.

No. 50100.

Nov. 10, 1969.

In re: Hall W. Wilson, Jr., et al applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit, Parish of Tensas. 226 So.2d 774.

Writ refused. The judgment of the Court of Appeal is correct.

SANDERS, SUMMERS and BAR-HAM, JJ., are of the opinion the writ should be granted. The question is of first instance with us and affects vast property rights in this State. We should decide and declare upon this important issue.
Exhibit 4.1


 


	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  NUMBER

  	
   

  	
   

  	
  SHARES

  	
   

  






 


This
Certifies that
                                                                                                                                                                           
is the 


registered
holder of
                                                                                                                                                                       
Shares 


 


transferable
only on the books of the Corporation by the holder hereof in person or by
Attorney upon surrender of this Certificate properly endorsed.


 


In Witness Whereof,  the said
Corporation has caused this Certificate to be signed by its duly authorized
officers and its Corporate Seal to be hereunto affixed 


 


this                               
day                              
of
                                     A.D.20                    


 

















 


	
   

  	
   

  	
  NOTICE. THE SIGNATURE OF THIS ASSIGNMENT

  
	
   

  	
   

  	
  MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE

  
	
   

  	
   

  	
  FACE OF THE CERTIFICATE, IN EVERY PARTICULAR, WITHOUT

  
	
   

  	
   

  	
  ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATEVER.

  



 


For Value Received,            
hereby sell, assign and transfer unto
                                                                                                       
Shares represented by the within Certificate, and do hereby irrevocably,
constitute and appoint
                                                              
Attorney to transfer the said Shares on the books of the within named
Corporation with full power of substitution in the premises.


 


Dated
                            
A.D. 20    


 


In presence
of
227 So.2d 598

#### Mrs. Catherine DeBruyn FREDERIC and Jules Frederic v. WINN-DIXIE LOUISIANA, INC. and The Fidelity and Casualty Company of New York.

No. 49978.

Oct. 1, 1969.

In re: Mrs. Catherine DeBruyn, wife of Jules Frederic, and Jules Frederic, applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 227 So.2d 387.

Writ refused. On the facts found by the Court of Appeal, we find no error in the judgment complained of.
222 So.2d 67

#### Smith DUNCAN v. Leon PESNELL.

No. 49776.

May 9, 1969.

In re: Leon Pesnell applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit, Parish of Jackson. 219 So.2d 846.

Writ refused. The judgment is not final. Relator has a remedy in the event of an -adverse judgment.
#### § 861.6 Posting and distribution.

Notices including the provisions of the Nevada Test Site Traffic Regulations will be conspicuously posted at the Nevada Test Site. Such other distribution of the Nevada Test Site Regulations will be made by the Manager as will provide reasonable assurance of notice to persons subject to the regulations.
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     THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE
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     REFERENCE TO SUCH FINANCIAL STATEMENTS.
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<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              JAN-02-2000
<PERIOD-START>                                 APR-05-1999
<PERIOD-END>                                   JUL-04-1999
<CASH>                                          30,506
<SECURITIES>                                    63,965
<RECEIVABLES>                                   50,728
<ALLOWANCES>                                     3,076
<INVENTORY>                                     44,266
<CURRENT-ASSETS>                               204,732
<PP&E>                                         939,714
<DEPRECIATION>                                 495,734
<TOTAL-ASSETS>                                 728,599
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<COMMON>                                           654
<OTHER-SE>                                     300,221
<TOTAL-LIABILITY-AND-EQUITY>                   707,413
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</TABLE>
H. Res. 729

In the House of Representatives, U.S., 

June 6, 2006.

Whereas travel and tourism has a major impact on the economy of the United States as the 3rd largest retail sales 

industry in the Nation; 

Whereas 1 out of every 7 people employed in the United 

States civilian labor force is directly or indirectly employed in the travel and tourism industry; 

Whereas international travel to the United States is the largest service export, having generated a trade surplus for 

16 consecutive years, increasing 144 percent between 

2003 to 2004 to over $4 billion; 

Whereas, in 2005, travel and tourism-related expenditures 

reached $1 trillion, including $596 billion in direct sales 

and $445 billion in indirect sales, and supported 8 million jobs; 

Whereas the Department of Commerce has released the 2004 

international year-end arrivals data, revealing that the 

level of international travel to the United States increased by 12 percent from 2003 to 46 million in 2004, 

with overseas visitors increasing 13 percent, to 20 million 

in 2004; 
2

•HRES 729 EH 

Whereas domestic and international traveler spending in the 

United States generated $99.4 billion in taxes for Federal, State and local governments in 2004; 

Whereas tourism contributes substantially to personal 

growth, education, appreciation of cross-cultural differences, and the enhancement of international understanding and good will; 

Whereas the abundant natural and man-made attractions of 

the United States and the hospitality of the American 

people establish the United States as the preeminent destination for both foreign and domestic travelers; 

Whereas National Tourism Week was established by Congress in 1983, and first celebrated in May 1984, when 

President Ronald Reagan signed a proclamation urging 

citizens to observe the week with appropriate ceremonies 

and activities; 

Whereas, since 1984, National Tourism Week has been celebrated each May by the travel and tourism community, 

travel industry associations, as well as many States, cities, and localities throughout the Nation; and 

Whereas May 13 through 21, 2006, is the 23rd annual National Tourism Week: Now, therefore, be it

Resolved, That the House of Representatives—

(1) supports National Tourism Week; and 

(2) requests that the President issue a proclamation 

calling upon the people of the United States and inter-
3

•HRES 729 EH 

ested groups to observe National Tourism Week with appropriate ceremonies and activities.

Attest: 

Clerk.
§ 5.500 Employment. ( a ) *General.* ( 1 ) No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment, or recruitment, consideration, or selection therefor, whether full-time or part-time, under any education program or activity operated by a recipient that receives Federal financial assistance.
( 2 ) A recipient shall make all employment decisions in any education program or activity operated by such recipient in a nondiscriminatory manner and shall not limit, segregate, or classify applicants or employees in any way that could adversely affect any applicant's or employee's employment opportunities or status because of sex.
( 3 ) A recipient shall not enter into any contractual or other relationship which directly or indirectly has the effect of subjecting employees or students to discrimination prohibited by §§ 5.500 through 5.550, including relationships with employment and referral agencies, with labor unions, and with organizations providing or administering fringe benefits to employees of the recipient.
( 4 ) A recipient shall not grant preferences to applicants for employment on the basis of attendance at any educational institution or entity that admits as students only or predominantly members of one sex, if the giving of such preferences has the effect of discriminating on the basis of sex in violation of these Title IX regulations.
( b ) *Application.* The provisions of §§ 5.500 through 5.550 apply to: ( 1 ) Recruitment, advertising, and the process of application for employment;
( 2 ) Hiring, upgrading, promotion, consideration for and award of tenure, demotion, transfer, layoff, termination, application of nepotism policies, right of return from layoff, and rehiring;
( 3 ) Rates of pay or any other form of compensation, and changes in compensation;
( 4 ) Job assignments, classifications, and structure, including position descriptions, lines of progression, and seniority lists;
( 5 ) The terms of any collective bargaining agreement;
( 6 ) Granting and return from leaves of absence, leave for pregnancy, childbirth, false pregnancy, termination of pregnancy, leave for persons of either sex to care for children or dependents, or any other leave;
( 7 ) Fringe benefits available by virtue of employment, whether or not administered by the recipient;
( 8 ) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, selection for tuition assistance, selection for sabbaticals and leaves of absence to pursue training;
( 9 ) Employer-sponsored activities, including social or recreational programs; and
( 10 ) Any other term, condition, or privilege of employment.
#### DE NYIRI, Appellant, v. LAKE SHORE & M. S. RY. CO., Respondent.

(Supreme Court, Appellate Division, Fourth Department.

December 2, 1914.)

Action by John De Nyiri, as administrator, etc., against the Lake Shore & Michigan Southern Railway Company.

PER CURIAM.

Order affirmed, with costs.

KRUSE, P. J., and LAMBERT, J., dissent, and vote for reversal, on the ground that the case was properly submitted to the jury.
H. Res. 74

In the House of Representatives, U.S.,

February 9, 2005.

Resolved, That the following named Members and Delegates be, and are hereby, elected to the following standing

committees of the House of Representatives:

COMMITTEE ON THE BUDGET: Ms. Schwartz of Pennsylvania (to rank immediately after Mr. Cuellar).

COMMITTEE ON THE JUDICIARY: Mr. Smith of Washington and Mr. Van Hollen.

COMMITTEE ON HOMELAND SECURITY: Ms. Loretta

Sanchez of California, Mr. Markey, Mr. Dicks, Ms. Harman,

Mr. DeFazio, Mrs. Lowey, Ms. Norton, Ms. Zoe Lofgren of

California, Ms. Jackson-Lee of Texas, Mr. Pascrell, Mrs.

Christensen, Mr. Etheridge, Mr. Langevin, and Mr. Meek of

Florida.
2

•HRES 74 EH

COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT:

Mrs. Jones of Ohio, Mr. Gene Green of Texas, Ms. RoybalAllard, and Mr. Doyle.

Attest:

Clerk.
#### William Brown, Respondent, v. L. F. Hamlin, Inc., Appellant.

Memorandum by the Court. In a negligence action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Broome County, entered October 15, 1968 after trial upon a jury’s verdict in favor of plaintiff. In our opinion there was no evidence to support a finding of actionable negligence against the defendant. There is no proof that the defendant had any actual or constructive notice of any dangerous condition, and plaintiff failed to establish that defendant had not exercised reasonable care in the maintenance of the premises. (Cf. *Spaulding*v. *Christakos,*269 App. Div. 909, affd. 295 N. Y. 973; *Miller*v. *Gimble Bros.,*262 N. Y. 107; *Antenen*V. *New York Tel. Co.,*271 N. Y. 558; *Kelly*v *State of New York,*29 A D 2d 904; *Boccaccino*v. *Our Lady of Pity R. C. Church,*18 A D 2d 1055.) Judgment reversed, on the law and the facts, and the complaint dismissed, without costs. Reynolds, J. P., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur in memorandum by the court.
Appendix I: Summary of Chlorophacinone IncidentsCommon NameIncidentIDUse SiteStart DateLegalityCertaintyCountryStateCountyTerrest.AnimalTotal No.Appl.MethodProductSeasonChlorophacinoneI020607-001Bait05-Feb-09UndeterminedHighlyProbableUSAKSLoganTRUE1RozolWinterChlorophacinoneR000-02-005N/R01-Jan-97UndeterminedHighlyProbableUSACALOSANGELESTRUE1N/RN/RWinterChlorophacinoneI019311-00116-Jan-08UndeterminedHighlyProbableUSAWIMilwaukeeTRUE1BaitRozolPocketGopherBaitWinterChlorophacinoneI019968-001Agriculturalarea18-Jul-08UndeterminedHighlyProbableUSACAMontereyTRUE75RozolSummerChlorophacinoneI009111-001N/R18-Jan-99UNDETERMINEDHighlyProbableUSANYNEWYORKTRUE1N/RWinterChlorophacinoneI020996-001N/R04-Jan-09UndeterminedPossibleUSAKSLoganTRUE45WinterChlorophacinoneI009063-001Bait09-Feb-99UNDETERMINEDPossibleUSANYNEWYORKTRUE1BaitN/RWinterChlorophacinoneI020996-00304-Jan-09UndeterminedPossibleUSAKSLoganTRUE1WinterChlorophacinoneR000-02-007N/R01-Jan-98UndeterminedPossibleUSACALOSANGELESTRUE1N/RN/RWinterChlorophacinoneI012972-001Bait11-Apr-02UndeterminedProbableUSAKSCheyenneTRUE2BaitRozolSpringChlorophacinoneI016476-010Agriculturalarea01-Jan-91Registered useProbableFranceTRUE4BaitWinterChlorophacinoneI016476-018AgriculturalareaRegistered useProbableFranceTRUEBaitWinterChlorophacinoneI016476-002Agriculturalarea01-Jan-91Registered useProbableFranceTRUE16BaitWinterChlorophacinoneI016476-014Agriculturalarea01-Jan-91Registered useProbableFranceTRUE1BaitWinterChlorophacinoneI016476-012Agriculturalarea01-Jan-91Registered useProbableFranceTRUE1BaitWinterChlorophacinoneB0000-501-41Fence row30-Aug90Misuse(intentional)ProbableUSACASan LuisObispoTRUE4BaitSummerChlorophacinoneI016476-003Agriculturalarea01-Jan-91Registered useProbableFranceTRUE15BaitWinterChlorophacinoneI009118-001N/R14-Feb-99UNDETERMINEDProbableUSANYNEWYORKTRUE1N/RWinterChlorophacinoneI016476-005Agriculturalarea01-Jan-91Registered useProbableFranceTRUEBaitWinterChlorophacinoneI016476-001Agriculturalarea01-Jan-91Registered useProbableFranceTRUEBaitWinterChlorophacinoneR000-02-003N/R01-Jan-95UndeterminedProbableUSACAMARINTRUE1N/RN/RWinterChlorophacinoneI016100-001N/RUndeterminedProbableUSACASanJoaquinTRUEWinterChlorophacinoneI013810-013N/R14-Jul-99UndeterminedProbableUSANYNEWYORKTRUE1SummerChlorophacinoneI016476-004N/R01-Jan-91Registered useProbableFranceTRUE16BaitWinterChlorophacinoneR000-02-030N/R01-Jan-99UndeterminedUnlikelyUSACAKERNTRUE1N/RN/RWinterChlorophacinoneR000-02-002N/R01-Jan-94UndeterminedUnlikelyUSACANEVADATRUE1N/RN/RWinterChlorophacinoneR000-02-015N/R01-Jan-99UndeterminedUnrelatedUSACASANTACLARATRUE1N/RWinter