Case law

Ridge v. Pennsylvania Railroad

58 N.J. Eq. 172 · New Jersey Court of Chancery · May 5, 1899

If the right of the railroad company to use the three tracks mentioned has not been enlarged since the decision of that case, the complainants are clearly entitled to an injunction ; for it is not denied by the defendants … Such location, it was said, was a matter of indifference to the public, and consequently, with respect to such act, the corporation stood upon the footing of an individual and was entitled to no superior immunities.

McClellan v. Larchar

45 N.J. Eq. 17 · New Jersey Court of Chancery · Feb 15, 1889

It clearly does not affect any disposition the complainant may be desirous of making, by deed, during her life. … That such an expression implies a power of sale is established by abundant authority. In Attorney-General v.

Kutschinski v. Thompson

101 N.J. Eq. 649 · New Jersey Court of Chancery · Aug 24, 1927

established by the evidence in the case that they could not, on such inspection, avoid observing the brook aforesaid and the use to which the water thereof was *Page 653 utilized by the mill-owner on lands below that of … To qualify one as an expert witness, there must be some proof that he has special knowledge about the subject to which he is called upon as a witness to express an opinion in order to make his opinion of any value.

Stines v. Carton

2 N.J. Misc. 807 · New Jersey Court of Chancery · Aug 8, 1924

The facts established at the hearing are that Mr. … Carton was appointed the executor, and has duly qualified.

Taylor v. Coriell

66 N.J. Eq. 262 · New Jersey Court of Chancery · Apr 22, 1904

If it clearly appears that a deposit made to a joint account is merely for the convenience of the parent in drawing money and not with the intention to make a gift to the child in case of it surviving its parent, a subsequent … Coriell, the depositor, was employed during the usual banking hours in Hew York City, and it is not unreasonable to infer that he wished to have someone qualified to draw money if he should not be able at all times to be

Wright v. First National Bank

52 N.J. Eq. 392 · New Jersey Court of Chancery · Feb 15, 1894

Clearly, the legislature intended to guard against every pretence or mere color and all deceit. … The assignment of Bell being established, he ceased to be a bona fide holder of stock.

Wright v. Sanger

101 N.J. Eq. 203 · New Jersey Court of Chancery · May 25, 1927

Such delivery of the bonds as may be said to have been made by the decedent was qualified as aforesaid. … To substantiate the defendant's alleged claim of gift inter vivos , the defendant must not only sustain the burden by evidence of such probative force as clearly establishes every element of a valid gift, but, as is said

Guild v. Mayor of Newark

87 N.J. Eq. 38 · New Jersey Court of Chancery · Nov 20, 1916

Pennington; (2) because the gift has been qualified in such a Avay that the city cannot lawfully accept it. The first objection is not supported by the authorities. … It sinrply takes the estate given to it—that is, a qualified fee— which will revert to the heirs of the donor when the particular use is discontinued.

Guaranty Trust Co. v. N.Y. Community Trust

141 N.J. Eq. 238 · New Jersey Court of Chancery · Jan 29, 1948

The application for probate of the Guaranty Trust Company of New York, the executor named in said will, and which corporation qualified as executor thereof, recites "That said testator departed this life at New York, N.Y. … The intent of the testator herein is clearly expressed in his testament.

Brown v. Corn Exchange National Bank, C., Co.

136 N.J. Eq. 430 · New Jersey Court of Chancery · May 5, 1945

*Page 435 The dominant purpose of the testator, when he formulated and executed his will and the codicil is clearly expressed in those instruments. … She did not, before qualifying, seek a construction of the will or a determination as to her liability on the notes, yet she knew, or should have known, that if she qualified as an executrix and trustee she would owe one

Lotz v. Rippe

2 N.J. Misc. 754 · New Jersey Court of Chancery · Jul 26, 1924

From a mass of contradictor)’ evidence the following facts are clearly established: Complainant, who is an unmarried man, about forty-nine years of age, is the nephew of Mrs. … My conclusion is that complainant lias established his right to have the agreement specifically ])erformed, and that the defendant has failed to establish the agreement for compensation alleged in her counter-claim.

Seilheimer v. Seilheimer

40 N.J. Eq. 412 · New Jersey Court of Chancery · Oct 15, 1885

in any case, where it is clearly shown that an innocent man has been fraudulently entrapped into a marriage with a woman whom he believed to be pure, but who was, in fact, at the time of their marriage, incapable of contracting … But a husband, to be qualified to ask relief of this nature-against the woman whom he has taken as his wife, must be pure, himself — pure, at least, so far as she is concerned. Carris v. Carris, 9 C. E.

Maas Waldstein Co. v. Walker

100 N.J. Eq. 224 · New Jersey Court of Chancery · Nov 27, 1926

I think it has been clearly established by the evidence that the formulae or processes of the complainant company used in connection with its manufacture of laquers, enamels, c., were secret formulae or processes. … We approve the principle thus established." In that case there was an express contract.

First Baptist Church v. Syms

51 N.J. Eq. 363 · New Jersey Court of Chancery · May 15, 1893

But this court’s-jurisdiction obtains in such a case as this only upon the establishment of fraud, and to establish that the proofs must show' not only collusion and the intentional concealment of evidences,but also that … the evidences withheld, if they had been presented- *375 to the law court, would clearly have been sufficient to defeat the plaintiff’s suit.

Story v. Palmer

46 N.J. Eq. 1 · New Jersey Court of Chancery · Oct 15, 1889

Herrick, the persons appointed have duly qualified as executrices and executor. … It may be stated as the established rule, that while this court will recognize equitable titles and deal with them in its proceedings, it will not decree a partition urged by one oestui que trust and resisted by another,

New Jersey Zinc Co. v. New Jersey Franklinite Co.

13 N.J. Eq. 322 · New Jersey Court of Chancery · May 15, 1861

It cannot he denied that there are circumstances connected with this transaction which excite distrust, and which, if clearly established, might, upon a proper case, have entitled the stockholders of the Zinc Company to relief … The fact of the existence of such distinct stratum is not established. The burthen of proof upon this point is upon the Zinc Company.

West Jersey Traction Co. v. Camden Horse Railroad

52 N.J. Eq. 452 · New Jersey Court of Chancery · Feb 15, 1894

Now State street, in the township of Stockton, is clearly such a public road or highway. … The evidence in this case clearly shows that the Camden company is within this criterion.

Polyckronos v. Polyckronos

17 N.J. Misc. 250 · New Jersey Court of Chancery · Jul 1, 1939

Law 48, 52, stated that whatever may be our opinion of the policy of legislation beyond our state, we are bound by the principles of comity to recognize its validity unless it clearly contravenes the principles of public … Irwin, supra, what the court cannot admeasure as a finality the husband cannot limit by the purchase of immunity (separation agreement) from future liability should conditions arise in which justice impels a reassertion of

Colgate's v. Colgate

23 N.J. Eq. 372 · New Jersey Court of Chancery · Feb 15, 1873

dated Eebruary 5th, 1864, and a codicil thereto dated March 3d, 1865, by which he directed the payment of his debts, &c., and gave and. devised all the residue of his estate to his executors, or' such of them as should qualify … with the estate in dower, and more clearly to show that these provisions for the widow were intended by him in lieu of dower.

In Re R.R.

140 N.J. Eq. 371 · New Jersey Court of Chancery · Sep 18, 1947

I wonder if the use of the word "condition" is intended to be qualifying and modulatory in its signification. … R., seated in the courtroom, either did not hear the medical director qualify his statement as hearsay, or he inferred that the doctor intended to prejudice his cause falsely.