Case law

Martin v. Farnsworth

1 Jones & S. 246 · The Superior Court of New York City · Apr 1, 1871

Such authority is absolutely necessary for the safety of the ship and the lives of all persons on board.” … See also opinion of Judge Ware (Butler v.

Same v. Same

5 Sandf. 454 · The Superior Court of New York City · May 8, 1852

Brown, 1 Barb. Ch. R. 189; Burckle v. Eckart, 3 Denio 282 , S. … It is so in the cases we have before quoted, Brown v. Brown and Burckle v. Eckart , and in the following— Bicknell v. Field, 8 Paige 443 ; Bank of Orleans v. Skinner, 9 Paige 308 ; and Cromwell v. Cunningham, 4 Sand.

Palen v. Lent

5 Bosw. 713 · The Superior Court of New York City · May 14, 1860

(Brewster v. Silence, 4 Seld., 214; Phalen v. Dingee, 4. E. D. Smith, 379.) … (Yale v. Dederer, 18 N. Y. R., 265.)

Clark v. Masters

1 Bosw. 177 · The Superior Court of New York City · May 9, 1857

—Gibson v. Culver, 17 Wend. 305 ; Mayell v. Potter, 2 John, Cases 371; Fisk v. Newton, 1 Denio, 45 ; Price v. Powell, 3 Coms. 322; *184 Schroeder v. Hudson R. R. R. Co., 5 Duer 62 . … It is stated in the Judge’s charge, that the wheat might have been examined on board the boat as it was when it arrived, so as to ascertain its quality and condition; but, upon considering the whole evidence, this question

Stuber v. McEntee

29 Jones & S. 338 · The Superior Court of New York City · Jul 5, 1892

Dobbins v. Brown, 119 N. Y., 188 ; Cosulich v. Standard Oil Co., 122 Ib., 118. … Inferentially, the trench was dug by the decedent himself, or he went into it without the directions of the employer and in his absence, and before it was made safe by boarding up the sides.

Franklin v. Vanderpool

1 Hall 78 · The Superior Court of New York City · Aug 15, 1828

This qualification of the rule has been also made in several eases in the English Courts : [Legg v. Thorpe, 12 East, 170. Cory v. Scott 3 Barn, & Ald. 619. Brown, v. Maffey, 15 East, 221. Claridge v. … In Legge v.

Roosevelt v. Edson

1 How. Pr. (n.s.) 231 · The Superior Court of New York City · Feb 15, 1885

Brown ( 6 Hun, 256 ) it was held that the judges of the court of common pleas are county judges for certain purposes, and in Wood agt. … The board of aldermen confirmed the nomination of Squire and rejected the nomination of Dorsheimer.

Niblo v. Harrison

9 Bosw. 668 · The Superior Court of New York City · Mar 15, 1863

.; Robertson v. Lain, 19 Wend., 649 ; Clark v. Dunham, 4 Denio, 262 ; Brown v. Betts, 13 Wend., 29 .)

Hendrickson v. Beers

5 Rob. 643 · The Superior Court of New York City · Jul 1, 1866

The case of Lee v. Brown and others, ( 6 John. 133 ,) was an application in behalf of Brown, for an order that the clerk note satisfaction. … In the case of Baker v.

Wheelwright v. Beers

2 Hall 391 · The Superior Court of New York City · Oct 15, 1829

In Amery v. M'Gregor, [15 J. R. 24,] the action was assumpsit, on a contract to transport goods from Liverpool to New-Orleans. The court, in that case, recognized the rule of damages adopted in Watkinson v. … —See Rogers v. Niagara Ins. Co. ante. p. 86.

Field v. Banker

9 Bosw. 467 · The Superior Court of New York City · Oct 6, 1862

The plaintiffs, under the order given to them to forward the goods by packet, and the undertaking on their part to execute that order, were required to do more than merely to send such goods on board the ship. … R., 414; Clarke v. Hutchins, 14 East, 475; Alexander v. Gardner, 1 Bing. N. C., 671; Dawes v. Peck, 8 T. R., 330.)

Draper v. Commercial Insurance Co.

11 Duer 234 · The Superior Court of New York City · Feb 10, 1855

(Gates v. Madison Co. Mer. Ins. Co. 1 Seld., 478; Mathews v. Howard Ins. Co. 1 Kernaut.) … (United States v. Cassidy, 2 Sumner, C. C. R. 582.)

Palmer v. Mayor

2 Sandf. 318 · The Superior Court of New York City · Feb 17, 1849

(Kimball v. Brown, 7 Wend. 322 ; Coster v. Murray, 5 J. Ch. R. 522; Edmondstone v. Thomson, 15 Wend. 554 ; Hallock v. Losee, 1 Sand. R. 220.) … In Hatch v.

Gori v. Smith

6 Rob. 563 · The Superior Court of New York City · Apr 1, 1867

The presiding justice (Brown) added, that without them the court could not “ form an intelligent and satisfactory estimate of the sum to be awarded as a compensation and indemnity for the unusual and extraordinary character … (Cook v. Dickenson, 5 Sandf. 663. Dickson v. McElwain, 7 How. Pr. 139 .) It could never mean that such a motion was tó be determined solely upon the judge’s own personal knowledge alone.

People ex rel. Johnson v. Supervisors of Delaware

9 Abb. Pr. 408 · The Superior Court of New York City · Jun 15, 1870

It is not denied that the relator is entitled to costs in the case of Board of Excise v. Coan. … Y., 473 ; People v. Supervisors of St. Lawrence, 30 How. Pr., 173 ; Bryce v. Supervisors of Cayuga County, 20 Barb., 294 ; Bright v. Supervisors of Chenango, 18 Johns., 242 ).

Miller v. Platt

5 Duer 272 · The Superior Court of New York City · Feb 15, 1856

And in Brown v. … Will it apply to a board fence, or a line of stakes driven into the ground ?

Whitman v. Nicol

6 Jones & S. 528 · The Superior Court of New York City · Jan 11, 1875

The right to recover more than nominal damages upon such a covenant without actual payment by the lessor, was not definitely settled in this State, until the recent decision of the Commission of Appeals in Trinity Church v. … The act of 1850 (Davies’ Laws, 1282), provides, that upon the assessment roll being completed by the board of supervisors (now board of estimate, &c.), it shall be transmitted to the receiver of taxes, who immediately thereafter

Gilman v. Prentice

3 N.Y. St. Rep. 544 · The Superior Court of New York City · Nov 9, 1886

Valoton v. Seignett, 2 Abb., 121 ; Griffith v. Brown, 3 Robt., 627; Baker v. Hamersley, 16 How., 461 ; Chadwick v. Spargur, 1 N. Y., Civ. Pro. R., 422; McIntyre v. Hernandez, 7 Abb., N. S., 214. … Brown v. Betts, 13 Wend., 29 .

O'Donnell v. Lindsay

7 Jones & S. 523 · The Superior Court of New York City · Feb 15, 1873

Ch. 582; May v. May, 11 Paige, 203 : Brown v. Frost, 10 Id. 245 ; Requa v. Rea, 3 Id. 340 ; Williamson v. Dale, 3 John. Ch. 292; Lansing v. McPherson, 3 Id. 426; Billington v. Forbes, 10 Paige, 487 ; Mulks v. … Y. 80 ; Brown v. Frost, 10 Paige, 245 ; Nicholl v. Nicholl, 8 Id. 349; Groff v. Jones, 6 W. 523 , and other cases).

Jones v. Merchants' Bank

4 Rob. 221 · The Superior Court of New York City · Apr 1, 1867

Clark v. Hopkins, 7 id. 556. Bander v. Snyder, 5 Barb. 63 .) The reason for adopting such period is not known, (Viner’s Abr. Length of Time, pl. 5, 6; Carpenter v. Tucker, 1 Ch. R. 78 ; Geoffry v. … Souner v. DeMeyer, 2 Paige, 574 . Moore v. Cable, 1 John. Ch. 385. Demarest v. Wynkoop, 3 id. 129, Slee v. Manhattan Co., 1 Paige, 48 . Parker v. Ash, 1 Vern. 256. Deloraine v. Brown, 3 Bro. C.