Case law

Appleby v. . Brown

24 N.Y. 143 · New York Court of Appeals · Dec 5, 1861

[The learned judge here cited the observations of Blackstone (3 Com., 162, 163) upon the history and inconveniences of the action of account, and those of Bkostson and Coweit, Js., in McMurray v. … In Beach v. Hotchkiss (2 Conn. R., 425)," it was holden not to lie where there are more than two partners, and Judge Coweit, says in McMurray v. Rawson (supra).

Patterson v. . Brown

32 N.Y. 81 · New York Court of Appeals · Mar 5, 1865

Lombard, who held the legal title by a fraud, pending an action to enforce the claim of the defendant, Brown, a judgment creditor of Bowley, the equitable owner thereof. … Lombard was fraudulent and void, as against the defendant Brown, the judgment creditor; that Mrs.

People v. Brown

20 N.Y.2d 238 · New York Court of Appeals · Jul 7, 1967

On June 12,1967, the United States Supreme -Court decided the cases of United States v. Wade, Stovall v. Denno and Gilbert v. California ( 388 U. S. 218, 293, 263 ). … The Stovall case held, however, in line with Linkletter v. Walker ( 381 U. S. 618 ), Tehan v. Shott ( 382 U. S. 406 ) and Johnson v. New Jersey ( 384 U.

People v. Brown

83 N.Y.2d 791 · New York Court of Appeals · Feb 22, 1994

When McFarland attempted to pursue, defendant Brown displayed a gun. Brown and his accomplice returned to their car, in which there were two other occupants, and fled the scene. … A gunfight followed, during which defendant Brown gained control of the patrol car and drove off.

Bennett v. . Brown

20 N.Y. 99 · New York Court of Appeals · Sep 5, 1859

This question was decided in accordance with these views, by the Supreme Court,in the case of Ball v. Gardiner ( 21 Wend., 270 ), and I see no reason to doubt the correctness of that decision.

Brown v. Garey

267 N.Y. 167 · New York Court of Appeals · Apr 16, 1935

(Tinker v. Colwell, 193 U. S. 473, 487 .) … (People v. Sugarman, 216 App. Div. 209 ; affd., 243 N. Y. 638 ; People v. Lowe, 209 App. Div. 498 .)

Millard v. . Brown

35 N.Y. 297 · New York Court of Appeals · Mar 5, 1866

Barnes v. . Brown

130 N.Y. 372 · New York Court of Appeals · Jan 20, 1892

Y. 518 ; Colt v. Ownes, 90 id. 368.) And in Wright v. Bank of the Metropolis ( 110 N. … (Scattergood v. Wood, 14 Hun, 269 ; 79 N. Y. 263 ; Parsons v. Sutton, 66 id. 92.)

Brown v. Ward

246 N.Y. 400 · New York Court of Appeals · Nov 22, 1927

the extension of the Martin Wire culvert and submit them to the board. … Ratification by the board of the committee’s acts is unavailing, unless the board itself was authorized in the first instance to do the things performed by the committee.

People v. Brown

27 N.Y.2d 499 · New York Court of Appeals · May 14, 1970

People v. Brown

90 N.Y.2d 872 · New York Court of Appeals · Jul 1, 1997

Ferguson, 67 NY2d 383, 389 [defendant’s implied consent to a mistrial]; see also, People v Connor, 63 NY2d 11, 15 [defendant’s implied consent to be prosecuted by misdemeanor complaint rather than information]; People v Epps … Ross ( 230 AD2d 924 ), decided the same day (see also, People v Albert, 225 AD2d 1097 , Iv denied 88 NY2d *875 844).

Brown v. . Feek

204 N.Y. 238 · New York Court of Appeals · Jan 23, 1912

In the case of Tilton v. Vail ( 117 N. Y. 520 ) we held that an order of the former General Term affirming the usual interlocutory judgment in a partition suit was not appealable to this court. … (Weston v. Stoddard, 137 N. Y. 119 ; Satterlee v. Kobbe, 173 id. 91.)

Brown v. . Snell

57 N.Y. 286 · New York Court of Appeals · May 5, 1874

In Salisbury v. … Justice BRONSON, delivering the opinion of the court, said the case could not be distinguished from Stillwell v.

People v. Brown

53 N.Y.2d 979 · New York Court of Appeals · Jun 2, 1981

While it is true, as both the majority and dissent below agreed, that driving while impaired is a lesser included offense of driving while intoxicated (see People v Hoag, 51 NY2d 632 ), this defendant was not prejudiced by … A lesser included offense is one which must by definition be concomitantly committed in the commission of the greater offense (CPL 1.20, subd 37; see People v Cruz, 48 NY2d 419 ).

People v. . Brown

203 N.Y. 44 · New York Court of Appeals · Oct 3, 1911

People v. Hinksman, 192 N. Y. 421, 432 , 22 N. Y. Crim. 585. … (People v. Granger, 187 N. Y. 67, 72 , 20 N. Y. Crim. 504.)

Williams v. Brown

2 Keyes 486 · New York Court of Appeals · Mar 15, 1866

Hunt v. O’Connor and others, not reported; -Rose v. … It was to meet this precise contingency that section 112 was enacted; and, accordingly, in Beckwith v.

People v. Brown

82 N.Y.2d 869 · New York Court of Appeals · Dec 16, 1993

Butts, 72 NY2d 746, 748-750 ; People v Watts, 57 NY2d 299, 301 ). … Butts, supra, at 750-751; People v Alwadish, 67 NY2d 973, 974 ).

Rosenthal v. Brown

247 N.Y. 479 · New York Court of Appeals · Mar 27, 1928

(Smith v. Craig, 211 N. Y. 456, 460 .) … (Toplitz v. Bauer, supra; Small v. Housman, 208 N. Y. 115 .)

Lawrence v. . Brown

5 N.Y. 394 · New York Court of Appeals · Sep 5, 1851

In Lawrence v. Miller ( 2 N. … (Ni ckells v. Atherstone, 10 Ad. & E. (N. S.) 944; Dodd v. Acklom, 6 Man. & Gr. 673, 679.)

Brown v. . Penfield

36 N.Y. 473 · New York Court of Appeals · Mar 5, 1867

This case comes, therefore, directly within the principles and rulings declared in City Bank of New Haven v. Perkins ( 29 N. Y. 554 ). … The case of Gage v. Kendall ( 15 Wend. 640 ) was cited with approval.