Case law

Thornton v. Thornton

67 N.J. Eq. 499 · New Jersey Court of Chancery · Jul 26, 1904

Having determined that the defendant is guilty of adultery, it follows that she is not entitled to the aid of this court, even if the charge she makes against her husband be established, and it is also well settled that if … Having thus qualified themselves as witnesses to the infidelity of the defendant, they left the hotel and returned home.

Central-Penn Nat. Bank v. N.J. Fidelity

117 N.J. Eq. 548 · New Jersey Court of Chancery · Feb 13, 1935

We are willing to let pass without challenge all he has so carefully composed and clearly and understandingly explained, except that we are not persuaded from any authoritative source that unearned premiums are or ever were … We are not informed of anything sacrosanct in insurance companies, nor has any reason been advanced for their immunization from this wholesome restriction upon corporate power, or why directors of moribund insurance companies

Grey v. Greenville & Hudson Railway Co.

59 N.J. Eq. 372 · New Jersey Court of Chancery · Apr 17, 1900

to its exercise on preliminary injunction: It is suggested in the brief of defendant’s counsel, but not argued, that the restraint of the illegal exercise of the powers of a public company, even on final hearing, is not clearly … Upon the other hand, it is contended by defendant’s counsel that the recognized general rule in reference to the construction of such provisos is that they are to be taken as qualifying or limiting only the general powers

Jersey City Gas Co. v. Dwight

29 N.J. Eq. 242 · New Jersey Court of Chancery · Feb 15, 1878

The truth of this charge, as to one of the subscriptions, seems to be conclusively established. *245 Mr. … My conclusion is, that it is clearly shown the defendants have attempted to acquire corporate life and power by a feigned compliance with the law, and their effort must therefore be adjudged abortive.

Chicago Title & Trust Co. v. Executors of Young

90 N.J. Eq. 27 · New Jersey Court of Chancery · Jan 9, 1919

Young, the defendant’s testator, acquired the whole of this issue of stock ($1,000,000 par value) with-perhaps the exception of a few qualifying shares with full notice of the over-valuation and accompanying fraud. … My view was that such a suit in equity is not based on any contractual' obligation of the stockholders but upon an equity of the creditors, involving the theory of a trust fund and of fraud, matters clearly of equitable cognizance

Elizabethtown Gas Light Co. v. Green

46 N.J. Eq. 118 · New Jersey Court of Chancery · Oct 15, 1889

It is said, that no stock Avas ever subscribed or paid for, and that that being so, it necessarily follows, that there never Avere any stockholders, and consequently there never Avere any persons in existence qualified either … The evidence establishes three facts beyond dispute.

Shoup v. Dowsey

134 N.J. Eq. 440 · New Jersey Court of Chancery · Feb 25, 1944

He also acquired ten shares of stock from the complainant to qualify him as a director in the Canadian Company. … The proofs in this case in my opinion clearly establish that there was a fiduciary relationship of attorney and client existing between the parties hereto at the time the aforesaid transactions were entered into and it began

Acken v. Osborn

45 N.J. Eq. 377 · New Jersey Court of Chancery · May 15, 1889

. *380 It is an established rule of interpretation of a testator’s intention, that, where the time specified in a bequest is annexed to the payment only, as where a legacy is given, payable when the legatee reaches a certain … If the proviso had referred to any such child dying before its mother, the issue of that child would clearly take by *382 substitution, but the child dying is not restricted, by a qualifying word, to the class of primary

Kanouse v. Slockbower

48 N.J. Eq. 42 · New Jersey Court of Chancery · Feb 15, 1891

Evens, 11 Vr. 402 , 413, is to this effect: Whenever the testator’s intention to give the whole, as an entirety, clearly appears from the language of the will, whether such intention is expressed by a designation, by a name … Justice Gray: “ The general rule of construction of all grants of land bounded by water of any hind is now well established, that, unless qualified by restrictive words, they pass the soil towards the centre of the water

Weyman v. Thompson

50 N.J. Eq. 8 · New Jersey Court of Chancery · May 15, 1892

Weyman’s estate, when they qualified as executors, they would have discovered Mr. … The proofs in the present case clearly show that Mr.

Bentley v. Long Dock Co.

14 N.J. Eq. 480 · New Jersey Court of Chancery · May 15, 1862

If the truth of the objection be established, the report as of course would be set aside. Why should such an objection be made the matter of exceptions to be set down for hearing and formally argued ? … not willing to rest, either upon the report of the master, the decision of this court, or even upon their own judgments,- ujdou the evidence in the cause, but selected a commission, as more worthy of confidence or better qualified

Trenton v. Howell

132 N.J. Eq. 125 · New Jersey Court of Chancery · Jul 30, 1942

It is the insistence of counsel for the Morris Company that the equity of redemption of the administrators and of the estate of the mortgagee was extinguished in the previous suit although the persons who had qualified as … In the bills in those cases the capacities in which the defendants were made parties were clearly characterized. Only in the prayer for process were the complainants careless.

Carlisle v. Cooper

19 N.J. Eq. 256 · New Jersey Court of Chancery · Oct 15, 1868

If the gates were regularly raised in high water, it would not defeat the prescription ; it would only qualify it, and give the right, subject to their being raised in high water. … reached within three or four inches of the cap; but there is no proof at all that these gates were continued in use from 1846 to 1853, and such evidence of their width, if their use was proved, would not be sufficient to establish

Minton v. Sutton

100 N.J. Eq. 403 · New Jersey Court of Chancery · Jan 17, 1927

This failure to recall was not meant as attributable to faulty memory but in the sense of a qualified denial; that the things did not occur, and Mr. … Sherman to sell her mortgage, and as the burden is on the defendants to satisfactorily establish that they purchased it or redeemed it ( 19 N.J.

Driver v. Smith

89 N.J. Eq. 339 · New Jersey Court of Chancery · Aug 24, 1918

Driver, Jr., and none qualified to perform the same duties; that Frank L. … I do not believe that the services are required for the establishment of the business contemplated to be established.

Stevens v. Associated Mortgage Co.

107 N.J. Eq. 297 · New Jersey Court of Chancery · Dec 5, 1930

None of them seem to have been qualified to determine the true financial condition of the corporation. … The literature was clearly intended to lull the purchasing public into a sense of security in buying the stock of this concern.

Bliss v. Linden Cemetery Ass'n

83 N.J. Eq. 494 · New Jersey Court of Chancery · Jul 1, 1914

They selected the trustees and qualified them by giving to each the legal title to a cemetery lot in order that they might be ostensible lot owners, which lots they were severally required to retransfer to the corporation … Brrt even if the third section should be found to be clearly retrospective, yet it could not affect the vested' rights of any interested person, and this act so construed would have the effect of depriving the complainants

Hodge v. United States Steel Corp.

64 N.J. Eq. 90 · New Jersey Court of Chancery · Nov 22, 1902

This clause would seem clearly to provide two requirements as to the payment of dividends. The first is the continuous payment of dividends. … Lanning, supra, said this was clearly the only rational interpretation of the act. In Pardee v.

Knickerbocker Trust Co. v. Carhart

71 N.J. Eq. 495 · New Jersey Court of Chancery · Sep 4, 1906

Carhart to act as a director and as its secretary, at a salary of $2,000 a year, and qualified him by issuing to him a share of stock. … Clearly the argument put forward by counsel for complainant would lead to the abrogation of the well-established rule in New Jersey that a debtor may prefer a creditor. *507 The present case is entirely distinct from that

Larison v. Polhemus

36 N.J. Eq. 506 · New Jersey Court of Chancery · Feb 15, 1883

Has any agreement been established? … Davison, the parol contract was clearly established. The principal feature of it had been expressed by the party sought to be charged in his last will, and its purpose delared by him.