Case law

Groel v. United Electric Co.

69 N.J. Eq. 397 · New Jersey Court of Chancery · Apr 18, 1905

attend, by its duly authorized attorne.y, on the courts of that state, in-suits founded on such contracts, wherever notice should be given by due process of law, served on the agent of the corporation resident in Ohio and qualified … They all clearly distinguish between such cases and those in which a designated agent is served.

Briscoe v. O'Connor

118 N.J. Eq. 322 · New Jersey Court of Chancery · Jun 6, 1935

There was no duty resting upon Briscoe to surrender the immunity and protection furnished him by our statute. … The evidence clearly establishes that Briscoe's assistance *Page 330 through McCloskey and several expert witnesses was no factor in O'Connor's determination to carry on the contest with the building and loan to a final decision

Dwyer v. Kuchler

116 N.J. Eq. 426 · New Jersey Court of Chancery · Jun 19, 1934

The rule is well established that a condition which puts a premium on the separation of husband and wife and is intended to cause or continue such a separation, is void as against public policy. Brizendine v. … Two cases have upheld conditions attached to legacies, although clearly intended to interfere with the marital relationship. In Cowley v. Twombly, 173 Mass. 393 ; 53 N.E.

Hayes v. Waverly & Passaic Railroad

51 N.J. Eq. 345 · New Jersey Court of Chancery · May 15, 1893

The principle upon which jurisdiction in such cases is assumed clearly appears in the following extract from the opinion of Lord Cottenham, in Tulk v. … Be this, however, as it may, the rule is established beyond question by this court, at this time. But the rule is not to be carried beyond the limits of strictly incidental damages.

Mechanics National Bank v. H. C. Burnet Manufacturing Co.

33 N.J. Eq. 486 · New Jersey Court of Chancery · Feb 15, 1881

If the case made by the bill is established by the proofs, there can be no doubt that the complainants are entitled to relief. … 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, 2 Stock. 298 .

Oddo v. Saibin

106 N.J. Eq. 453 · New Jersey Court of Chancery · Jul 5, 1930

The rule of law above stated is qualified by certain exceptions such as newly-discovered evidence or where some special equity appears, such as fraud or the like. 1 Comp. Stat. 1910 p. 450 § 111; Mitchell v. … application to vacate the decree is untimely, and that the complainants' rights under said decree have become vested, the procedure inaugurated in the instant case to effectuate the purpose contemplated by defendant is clearly

Hawthorne v. Odenson

94 N.J. Eq. 588 · New Jersey Court of Chancery · Apr 10, 1923

provision that words of grant shall import certain covenants is overcome by an express but qualified covenant. … But a second contract is clearly called for.

Second National, C., Co. v. Borden

113 N.J. Eq. 378 · New Jersey Court of Chancery · Jul 5, 1933

The will, which was evidently drawn by the testatrix herself, or for her by some one unskilled in the drafting of such documents, was probated by the surrogate of Monmouth county and complainant qualified as executor thereof … "Courts have required some new or additional cause for enlarging the bounty, before they have held it cumulative, unless the words of the will clearly showed the intent." DeWitt v. Yeats (N.Y.), 10 Johns. 156 .

Gallagher v. Asphalt Co. of America

67 N.J. Eq. 441 · New Jersey Court of Chancery · May 16, 1904

But it does not follow from that that what was done was to establish a stockholders’ suit or a creditors’ suit. … Well, this is the situation as I understand it, although I cannot recollect the facts or state them as clearly as I could last week. This is the situation as I recall the affidavits.

Hague v. Hague

84 N.J. Eq. 674 · New Jersey Court of Chancery · Jul 23, 1915

His letter to her, after she left him in December, 1910, shows clearly his dissatisfaction of her course and a desire for her return. … If *680 within two years of the filing of the petition, then the cause had not ripened; if before the two years, the evidence does not establish it.

Knauer v. Clevenger

116 N.J. Eq. 293 · New Jersey Court of Chancery · Jun 19, 1934

Wills was adjudicated a bankrupt and thereafter complainant was appointed trustee of the bankupt's estate and qualified as such. … the fact that the officers of the bank had reason to be suspicious of the bankrupt's insolvency, but it falls short of establishing that they had reasonable cause to believe that he was insolvent."

Wilson v. Terry

70 N.J. Eq. 231 · New Jersey Court of Chancery · Nov 2, 1905

Whether Fielder was present on the 16th does not clearly appear, but his wife was not there, and the delay of three days in conveying the property to Mrs. … Wilson to his wife was given, nor was any written agreement or other paper executed, either' at the time or afterwards, to further explain or qualify the transaction as between Mr. and Mrs. Wilson, nor does Mrs.

Sumner v. Seaton

47 N.J. Eq. 103 · New Jersey Court of Chancery · May 15, 1890

Smith, but the map-shows it most clearly. … Y. 310 ), much relied upon by defendant, is clearly distinguishable.

Lippincott v. Wikoff

54 N.J. Eq. 107 · New Jersey Court of Chancery · Oct 15, 1895

The present act of 1870 was then passed, and, in its broad and comprehensive form, this section seems' to me clearly to reach a proceeding in the orphans court or before the surrogate for the probate of this will, and to … Justice Chitty qualify, to some extent, the broad doctrine laid down in Alexander v.

Protection Building & Loan Ass'n v. Knowles

54 N.J. Eq. 519 · New Jersey Court of Chancery · May 15, 1896

He has the power to protect himself by a qualified or conditional transfer or by any legal mode of creating a lien to secure himself for unpaid purchase-money. … I think, the burden of showing that the indirect *530 or circumstantial evidence relied on clearly establishes ,a negligence on Smith’s part which deprives his client of the benefit of the statute and imposes on it all the

Buchanan v. Buchanan

73 N.J. Eq. 544 · New Jersey Court of Chancery · Jan 17, 1908

But, in addition, it is entirely apparent that defendant is not mentally qualified to write or even compile- such a work, or to edit a medical pamphlet which was published by Buchanan & Company during the progress of that … The evidence offered in behalf of defendant clearly establishes the fact of defendant’s activity in the management of the business of Buchanan & Company.

Burdick v. Grimshaw

113 N.J. Eq. 591 · New Jersey Court of Chancery · Sep 12, 1933

No reason has been shown nor suggested why complainant's adoption should have ever been discussed as was testified to by complainant's uncle, especially since it clearly appears from his own testimony that Joseph Senger was … By means of them and the testimony of witnesses who speak under bias and great temptation, yet conscious of their practical immunity from detection, the savings of one's entire lifetime may be pilfered and even snatched away

Burack v. Mayers

121 N.J. Eq. 135 · New Jersey Court of Chancery · Oct 30, 1936

Therefore the great certainty of proof required in reformation cases is not requisite and suretyship may be established by a mere preponderance of evidence. … Clearly the value of Mayers' mortgage was enhanced and not impaired by the recasting of the prior mortgage and the payment of tax arrears. Complainant was not injured. The bill will be dismissed.

Reeves v. Cordes

108 N.J. Eq. 469 · New Jersey Court of Chancery · Jul 5, 1931

owners of two bonds and mortgages, each in the principal sum of $12,500, which were executed and delivered on May 18th, 1925, by complainant to one Herman Meincke, now deceased, under whose will defendants were appointed and qualified … The amended bill alleges, and a copy of the deed thereto annexed clearly discloses, that the properties were sold subject to the mortgages in question.

Scarborough v. Scarborough

134 N.J. Eq. 201 · New Jersey Court of Chancery · Dec 6, 1943

This is to be clearly and fairly deduced from the entire will. … How is she to qualify as a grandchild of testator, or as a surviving child of Irving if I may not *Page 211 have the benefit of extraneous evidence?