Case law

Fidelity Union Trust Co. v. Graves

139 N.J. Eq. 571 · New Jersey Court of Chancery · Apr 30, 1947

the surviving trustee of the trust under the settlement agreement, was discharged by order of this court on June 14th, 1938, and Fidelity Union Trust Company, the complainant in the present suit, was duly appointed and qualified … Under well settled rules of construction it is established that each great-grandchild born prior to the time of distribution of the corpus would have taken a vested interest in the corpus subject to being divested only upon

Waldor v. Bruey

24 N.J. Misc. 354 · New Jersey Court of Chancery · Sep 10, 1946

My order further provided that such funds on deposit to the credit of the firm be withdrawn in the co-partnership name by cheeks to be signed only by the custodial receiver. ' The receiver qualified the same day. … This occurrence very clearly showed me that the partnership estate required protective measures and that the custodial reeeiver had been, appointed none too soon.

Scarlett & Scarlett, Inc. v. Ward

52 N.J. Eq. 197 · New Jersey Court of Chancery · Oct 15, 1893

He expressed to them his willingness to act, but stated that it would be necessary for him to become a stockholder in order to be legally qualified to act as such director; that some one suggested to issue to him a share … It was a material point for complainant to prove, for the right of the complainants to an equitable title depended upon the company’s liability being satisfactorily established, and not having proved it by the production

Sparks Manufacturing Co. v. Town of Newton

57 N.J. Eq. 367 · New Jersey Court of Chancery · Oct 21, 1898

The business seems to be thoroughly •established and to be carried on at a profit. The use by mankind of paper in some form seems to be established permanently, •and the market for it is unlimited. … In the first place, it does not clearly appear that his business is of a character to warrant the expense of using steam.

Mayor of Paterson v. East Jersey Water Co.

74 N.J. Eq. 49 · New Jersey Court of Chancery · May 14, 1908

The general rule upon the subject of the necessity of proving-actual damage where a right is violated, and one applying to every description of right, was clearly stated by Baron Parke in Embrey v. … This right of user is limited to so much as shall be reasonably necessary, and is qualified by the obligation to leave the stream otherwise undiminished in quantity and unimpaired in quality.”

Kern v. Kern

51 N.J. Eq. 574 · New Jersey Court of Chancery · May 15, 1893

The point to be established is whether the party is so insane as to be incapable of doing the particular act with understanding and reason.” … of policy and humanity admonishes us that a contract so essentially connected with the peace and happiness of individuals and families and the well-being of society should not be annulled on this or any other ground not clearly

Campbell v. Watson

62 N.J. Eq. 396 · New Jersey Court of Chancery · Oct 8, 1901

If a man feels that he has not had sufficient business experience to qualify him to perform the duties of a director, he should either acquire the knowledge by inquiry, or refuse to act. … It appears quite clearly from the evidence that the director’s of national banks do not rely upon the examinations made by the national bank department examiners further than just indicated.

Minzesheimer v. Doolittle

56 N.J. Eq. 206 · New Jersey Court of Chancery · Jan 31, 1898

Doolittle after-wards qualifies this account somewhat by stating that he gave this homestead property to his wife out and out and as a pure gift, without any agreement that it should be a payment of any kind, but that his … The only property Doolittle had in November, 1887, clearly available to creditors, seems to have been the Mountain avenue lot.

Brown v. Brown

62 N.J. Eq. 29 · New Jersey Court of Chancery · May 25, 1901

Now, if this evidence be true, it seems to establish quite clearly an adulterous act between them, because, taking all the other evidence in the case, it is quite impossible to believe that, with the opportunity that was … Brown then advanced Miss Welanitz the funds necessary to enable her to take a course in the State Normal School to qualify her for a public school teacher, and at the time covered by the evidence—the summer of 1897 and 1898

Mayor of Jersey City v. Flynn

74 N.J. Eq. 104 · New Jersey Court of Chancery · May 2, 1908

It is an established fact admitted by all sanitary experts. The Plymouth Case, mentioned several times in the course of the testimony, is a remarkable illustration. … Flerold in a qualified way agrees with Dr. Leal! He says, with a properly supervised system, privies would be less likely to pollute the water-supply than a disposal works.