Case law

Winship v. Winship

16 N.J. Eq. 107 · New Jersey Court of Chancery · Feb 15, 1863

The guilt of the defendant is clearly *108 proved. … The wife qualifies, without denying the substance of the charge of collusion to obtain the divorce.

First Camden National Bank, C., Co. v. Wilentz

129 N.J. Eq. 333 · New Jersey Court of Chancery · Apr 26, 1941

In the latter case, commenting on its right to act in the matter, the court said: "But, although the power exists, it should be exercised cautiously and only where it clearly appears that the proposed alienation is clearly … Also, if the right to compromise were established, justification for any proposed settlement could be weighed and determined.

The Trenton Potteries Co. v. Blackwell

137 N.J. Eq. 113 · New Jersey Court of Chancery · Sep 5, 1945

part, their successors and assigns, or any other person or persons claiming by, from or under them or any of them, subject to said condition herein contained, and that the said premises are free and clear and freely and clearly … Solicitous to protect itself against any eventual accountability, the complainant *Page 115 intends to deliver a qualified estate with a modified instead of a general warranty.

Ultcht v. Ultcht

96 N.J. Eq. 583 · New Jersey Court of Chancery · Oct 15, 1924

The letter of August 11th from her father clearly indicates that there had, for a long time before, been some effort on the part of the husband to secure a meeting with his wife. … Legal proceedings are carried on under established rules of procedure, and any individual is entitled to object to a judgment or decree being entered against him except in accordance therewith.

Krich v. Zemel

96 N.J. Eq. 208 · New Jersey Court of Chancery · May 9, 1924

Justice Minturn's opinion, which clearly sets forth the facts: "One Meyer had title to the lot with the building thereon [now property of complainant]. … be superior to the lien of an existing mortgage, whose lien or title has not been released or qualified in any way by the agreements referred to.

German Pioneer Verein v. Meyer

70 N.J. Eq. 192 · New Jersey Court of Chancery · Jan 29, 1906

It was clearly proven that there is not and never has been anything in common between a “turn verein”—athletic association—and such an association as the complainant. … Hence the idea came to be entertained by some persons that the “home” which the complainant was seeking to establish could be properly. known and designated as the “Turner Home.”

Langberg v. Wagner

101 N.J. Eq. 383 · New Jersey Court of Chancery · Dec 10, 1927

A negative answer can only be had by reading into the covenant the words "as principal," whereas the language used more nearly excludes that limitation and the circumstances of the case clearly forbid qualification of that … To read into that covenant the qualifying terms suggested appears to me to invade the obvious need and purpose and very spirit of the engagement.

Schmalz v. Wooley

56 N.J. Eq. 649 · New Jersey Court of Chancery · Feb 5, 1898

Does it clearly appear in the title of the act of 1892 that the prior act referred to is the act of 1889? … Northampton, 21 Vr. 499 , “ the enacting part of a statute, however clearly expressed, can have no effect beyond the object expressed in the title.

Camden Safe Deposit Trust Co. v. Green

124 N.J. Eq. 221 · New Jersey Court of Chancery · Sep 12, 1938

Green fail to satisfactorily explain the charges and his utter failure to establish a valid consideration for the note and bond. … Fraud perpetrated by means of a judgment is no more entitled to immunity than a fraud perpetrated by means of a deed or mortgage. Jones v. Naughright, 10 N.J. Eq. 298 .

Carpender v. New Brunswick

135 N.J. Eq. 397 · New Jersey Court of Chancery · Aug 30, 1944

It is no less the exaction of reason and equity, than of the settled law, that courts require the violation of a condition which involves a forfeiture to be clearly established. … Those interests in real property which are not absolute and unconditional have been recognized as "qualified estates."

Bankers Trust Co. of N.Y. v. Greims

115 N.J. Eq. 102 · New Jersey Court of Chancery · Jan 6, 1934

Bankers Trust Company of New York, and her aforesaid husband, were nominated and appointed in and by her aforesaid will as executors thereof and trustees thereunder, and they qualified and assumed their duties as such. … There is no presumption of an intention to die intestate as to any part of his estate when the words used by the testator will clearly carry *Page 114 the whole.

Grover v. Woodward

91 N.J. Eq. 250 · New Jersey Court of Chancery · Feb 5, 1920

The cars arrived in Detroit August 25th, and defendant received notice that about ten per cent, of the potatoes in one car, and about twenty per cent, in the other, did not qualify as Grade No. 1. … Omitting the question of comity, the authorities cited simply declare that complainant must allege and prove circumstances clearly entitling him, as a matter of equity, to the injunctive relief — circumstances clearly showing

Annin's executors v. Vandoren's administrator

14 N.J. Eq. 135 · New Jersey Court of Chancery · Oct 15, 1861

The limitation over of the legacy, if not paid by his executors, would be clearly good if standing alone. … If the will is to be established, it must be by a bill duly exhibited for that purpose. Until that is done, the title of the party claiming to be executor cannot ■be admitted.

Tooker v. Vreeland

92 N.J. Eq. 340 · New Jersey Court of Chancery · Feb 5, 1921

Lord, the executors therein nominated, duly qualified and entered upon the discharge of their duties. After her husband’s death Mrs. … From this testimony, the truth of which is not challenged, it seems to me to be clearly and satisfactorily established that the wills grew out of, not simply tire mutual desire of an aged and affectionate couple to gratify

Barnett v. Pension Com., C., Atlantic City

100 N.J. Eq. 473 · New Jersey Court of Chancery · Feb 21, 1927

The act provides, in the fifth section thereof, for the establishment of a pension commission of five members. … The city of Atlantic City, under the act of 1920, established the Pension Commission of the Police and Fire Department of the City of Atlantic City."

Rich v. Jones

142 N.J. Eq. 215 · New Jersey Court of Chancery · Jun 17, 1948

On a broad constitutional issue, involving a question of national rather than local scope (as does the question before me), the New Jersey Court of Errors and Appeals has clearly and definitely indicated that the courts of … "That the action of state courts and of judicial officers in their official capacities is to be regarded as action of the state within the meaning of the Fourteenth Amendment, is a proposition which has long been established

Greenleaf v. Plainfield Trust Co.

122 N.J. Eq. 500 · New Jersey Court of Chancery · Nov 18, 1937

Complainant's father predeceased the testatrix and The Plainfield Trust Company qualified as trustee. At the time of the death of testatrix complainant was living with his wife. … The rule is well established in this state that the intention of the testatrix is the law of wills and that when her intention is ascertained, if not in violation of the rules of law, it will prevail over technical rules

New Amsterdam v. National Newark

117 N.J. Eq. 264 · New Jersey Court of Chancery · Dec 5, 1934

On the contrary, it is established that they and each of them acted in utmost good faith. … The bank it is submitted should not be liable unless some officer or employe had actual knowledge of the depositor's misconduct or knowledge of facts so clearly indicating such misconduct as to show that the bank was guilty

Mayor of Paterson v. Baker

51 N.J. Eq. 49 · New Jersey Court of Chancery · Feb 15, 1893

yet, in consequence of their negotiability, she may nevertheless dispose of them in such manner as to make them valid in the hands of an innocent third person, and will, *51 in that event, deprive the complainant of the immunity … In this case that fact has been established by the judgment of the supreme court. No fact can be proved by higher evidence. The complainant is entitled to a decree.

Kuller v. Fire Assn. of Philadelphia

124 N.J. Eq. 473 · New Jersey Court of Chancery · Nov 29, 1938

The uncontradicted proof is clearly to the contrary. … In this connection and for that purpose, she testified that, with the exception of the brief occasion on January 8th, 1934, when she conveyed the property to one Moritz Stuhlbach merely for the purpose of enabling him to qualify