Case law

New York Exchange Co. v. De Wolf

5 Bosw. 593 · The Superior Court of New York City · Dec 31, 1859

The Hamilton College, ( 2 Denio, 403 ,) the resolution which qualified the apparent subscription was in writing. In Acker v. … Did any of the evidence ruled out in this case tend to establish a fraud of this description ? and first as to the resolution of 30th October.

Currie v. White

6 Abb. Pr. 352 · The Superior Court of New York City · Mar 15, 1869

In this case the parties clearly expressed their intention that the title should pass. … They establish the following principles: I.

Sturm v. Atlantic Mutual Insurance

6 Jones & S. 281 · The Superior Court of New York City · Dec 9, 1874

There does not appear to have been any controversy about the facts, which clearly established a fraudulent design from the beginning. … The court does exercise the right to declare a transaction fraudulent, and will so instruct the jury when it is clearly established by uncontradicted evidence.

Phœnix v. Commissioners of Emigration

1 Abb. Pr. 466 · The Superior Court of New York City · May 15, 1855

I am clearly of opinion that the covenant cannot be extended to any land beyond the known limits of the Battery in 1815. 8. … Osborn, and other physicians, of Captain Crabtree, and of Cyrus Curtis, formerly a commissioner of emigration, establish this. 3.

Braynard v. Hoppock

7 Bosw. 157 · The Superior Court of New York City · Jun 30, 1861

B.”in, an instrument, otherwise clearly a bottomry, was held not to affect it. He received in the second place, a transfei; of the bills of lading of the cargo. … S. 112,) qualifies the rule that money paid may not be recovered back so far as to allow the excess beyond legal interest to be recovered! and no more. The principal and legal interest may be retained.

Palmer v. De Witt

40 How. Pr. 293 · The Superior Court of New York City · Jul 1, 1870

In the latter exception, it must have been assumed that the evidence established that the plaintiff was the proprietor of the play j that she had not dedicated it to the public, nor published it, and that the defendant, by … opinions of the learned judges in those cases, so far,as it is intimated that a spectator may, upon witnessing the public performance of a play, rightfully commit it to memory, and then publish it to the world; and also from a qualified

Nott v. Thayer

2 Bosw. 10 · The Superior Court of New York City · Jul 15, 1857

Whether it should be in legal language defined as a qualified fee, or in trust, is a point of little moment to determine. 4. … or may establish a new exterior line.

Lewis v. Williams

1 Hall 430 · The Superior Court of New York City · Feb 15, 1829

The principle upon which a general average depends is well established. … This case -then seems to be clearly within the general principle above stated.

Harris v. Hart

6 Duer 606 · The Superior Court of New York City · Mar 14, 1857

And the court clearly intimate the opinion, that upon these facts alone the transitus ended when the goods were received by L. H. & Co., the shipping agents. … By these *627 facts a state of things strikingly like those before us was established. The goods were in the possession of a warehouseman, entirely subject to the orders of the vendee.

Greene v. N. Y. Central & H. R. R.R.

12 Abb. N. Cas. 124 · The Superior Court of New York City · Mar 15, 1883

I have given you now, in general outline, the essentials which the plaintiff must establish, before he can recover. … Pl., General Term, March, 1883 (reported in this volume), the court held that the ** rule clearly established by the majority of the court in the Story case, 11 Abb. N.

Kane v. Astor's Executors

5 Sandf. 467 · The Superior Court of New York City · May 15, 1852

Kane’s issue took nothing on the decease of the testator; and that this is more clearly shown by his applying the second clause to interests which vested in Mrs. … The words “ any part ” are qualified by the immediate sequence of the words “ not exceeding one-half,” and by the nature of the interests affected, so as to be subordinate to the latter words, and to refer merely to lesser

In re City of Buffalo

39 N.Y. St. Rep. 281 · The Superior Court of New York City · Mar 10, 1891

In the exercise of this power the the council may designate, of the lands located, what portion shall be taken, and it is clearly within their power to take the lands selected within the ward or the town, or in both. … now is that the doctrine of that case is controlling here and that the language of article 1, § 7, “as prescribed by law,” relates and is limited to, a court of record having jurisdiction of the subject matter, and as so qualified

Gram v. Seton

1 Hall 262 · The Superior Court of New York City · Dec 15, 1828

The rule itself remains; but the restrictions, it imposes are qualified by the application of other principles. … The court was clearly of opinion, that it was a good execution by both.

French v. Willet

10 Bosw. 566 · The Superior Court of New York City · Apr 25, 1863

Westervelt, (ubi sup.,) in regard to the authority of retiring Sheriffs over prisoners at large in the jail liberties, or as establishing that the Bevised Statutes intended to abolish the rule in Hempstead v. … The liability of the defendant in 'this case, therefore, was clearly not for an escape, and the rules applicable to such a liability are not strictly applicable to it.

Eggers v. Manhattan Railway Co.

27 Abb. N. Cas. 463 · The Superior Court of New York City · Dec 15, 1891

If withdrawn in a conditional or qualified manner, so that a new action may be brought upon it, it could only be asserted in an action triable by jury. … The argument is that the plaintiff in an action may not succeed in establishing his title to the property, or for some other reason may be beaten in the suit, and that in such a case the question of amount may not be reached

Nelson v. Stephenson

5 Duer 538 · The Superior Court of New York City · May 15, 1856

Clearly, therefore, the court left such a case uncontrolled by the opinion and judgment, and open, in like manner, as it had left nearly the same question, stated in the first sentence of the opinion. … A bill of lading may be so qualified, as to avoid any acknowledgment of the good order of the casks, or the quality or quantity of the contents.

Slater v. Wood

9 Bosw. 15 · The Superior Court of New York City · Dec 21, 1861

This latter fact, assuming *32 it to be established by the evidence, is one entitled to great consideration. … If summoned without cause, that fact will form a feature in the history of the case, and may qualify the character of the transaction as a whole, although the plaintiff’s right to recover may not depend upon proof of there

Langdon v. Astor

3 Duer 477 · The Superior Court of New York City · Jul 1, 1854

the debt of the city, bearing an interest of five per cent., and the question, whether it is general or specific, it may be admitted, is exactly the same as if there had been an absolute gift of the capital, instead of a qualified … The opposite construction, however, must be considered as fully established.

Williams v. Western Union Telegraph Co.

16 Jones & S. 349 · The Superior Court of New York City · Nov 6, 1882

The testimany clearly establishes that the “ foundation of all that consolidation” was the suppression of competition, and that the object of the contract was consolidation. … This clearly does not contemplate the establishment of a gigantic monopoly, nor the destruction or absorption of all rivals.

Lowry v. Inman

2 Sweeny 117 · The Superior Court of New York City · Dec 31, 1869

For it is only by so doing that a clear idea can be obtained of the points decided and the principles established. … I am clearly of opinion there is no such analogy. The theory of Corning v.