Case law

Henderson v. Jackson

2 Sweeny 324 · The Superior Court of New York City · Apr 30, 1870

Justice Emmott, in Brown v. Chadsey ( 39 Barb., 260 ). The distinction is recognized and inculcated by every elementary treatise on the common law. … Dolan, 7 Abb., 395 ; Brown v. Buckingham, 21 How., 192 ).

Hunt v. Hudson River Fire Insurance

2 Duer 481 · The Superior Court of New York City · Dec 10, 1853

On both grounds, we consider the complaint to be properly framed (Vide Mann v. Morevoort, 5 Sand. S. C. Rep., p. 565, 566; and Catlin v. Gunter, 1 Duer, 266 ). … After the decision of this court in Brown v. McCure (5 Sandford, 224), and of the Supreme Court in Ruth v.

Mierson v. Hope

2 Sweeny 561 · The Superior Court of New York City · Dec 3, 1870

Brown, 15 J. R., 39; Fisk v. Newton, 1 Denio, 45 ). Of course this must be qualified by the remark that the carrier must know, or have the means of knowing, the consignee. … And in Fisk v.

Dohovan v. McAlpin

14 Jones & S. 111 · The Superior Court of New York City · Apr 5, 1880

I do not see that the opinion in Bassett v. Fish ( 75 N. … Nor did the case of Hover v. Barkhoof ( 44 N. Y. 113 ) take a different view.

Weber v. Sampson

6 Duer 358 · The Superior Court of New York City · Feb 14, 1857

(King v. Franklin, 2 Hall, Sup. Ct. Rep. 1; Birbeck v. Tucker, 2 Hall, 121 ; Brooks v. Boudsay, 17 Rich. 441 ; McCartee v. Huntingdon, 15 Johnson, 298 ; Hesheth v. Stevens, 7 Barbour, S. Ct. Rep. 488; Milne v. … In Dean v. McGhie, (4 Bingham, 45,) a mortgagee got into possession of the ship immediately upon her return from a voyage, and claimed the freight of the goods on board.

Shore v. Shore

2 Sandf. 715 · The Superior Court of New York City · Apr 15, 1850

It was held, however, that where she sued for a separation from bed and board, she could do so only by her next friend. The language of the statute Was however different in respect to the two proceedings. … It is unnecessary here to refer to the provisions of the revised statutes on the subject, but it may be remarked that in the leading case of Wood v.

Davies v. Mayor of New York

16 Jones & S. 194 · The Superior Court of New York City · Apr 3, 1882

Myers, 42 Barb. 270 ; Pinney v. Barnes, 17 Conn. 420 ; Dodd v. Blockstook,1 Pittsburg, Pa. 46 ; Bagot v. Williams, 3 Barn. & Cress. 235. … Jones, 15 Johns. 229 ; Farrington v. Smith, Id. 442; Miller v. Covert, 1 Wend. 487 ; Guernsey v. Carver, 8 Id.492; Stevens v. Lockwood, 13 Id. 645). In Dodds v.

Creed v. Hartman

8 Bosw. 123 · The Superior Court of New York City · Mar 9, 1861

There was no barrier, and the boards put across broke from the weight of the plaintiff. It was an areaway dug out from the house to the curbstone. … It seems to me that the principles of the case of Storrs v. The City of Utica, (17 N. Y. R., 104,) and the very pertinent decision of the Court of Appeals in Congreve v. Smith, (18 N. Y. R., 79 ; S.

Studwell v. Terrett

17 Bosw. 520 · The Superior Court of New York City · Apr 30, 1859

entitled to any payment whenever she had put on the third tier of beams, “to be made by the advancing notes or acceptances of five hundred dollars each,” none could be required to be given, which would fall due “ before the browning … This view of the contract would make it substantially such a contract as formed the subject of the action in Van Wagner v. Terrett. (27 Barb. S. C. R., 181.)

Cleu v. McPherson

1 Bosw. 480 · The Superior Court of New York City · Jul 11, 1857

It resembles in this particular, the case of Shields v. Bettie (2 Sand. 262; 4 Comstock, 122). There the article to be sold was “ 150 tons of Gartshemi pig iron, No. 1, at $29 a ton, on board the Siddons.” … In the ease of Hyatt v.

Marcus v. Barnard

4 Rob. 219 · The Superior Court of New York City · Jun 30, 1866

It is said by Judge Brown, in Brabin v. Hyde, ( 32 N. Y. Rep. 519 ,) “ The sale will not be effected without the occurrence of the three acts mentioned in the-statute. … This precise question has been decided in this court, in the case of Justice v. Lang et al. ( 2 Rob. 333 ,) where it was held that unless the contract was signed by both parties, it was void.

Howard v. Orient Mutual Insurance

9 Bosw. 645 · The Superior Court of New York City · Oct 21, 1862

Bank of Penn. v. Union Bank of N. Y., 19 Barb., 391 ; S. C., on appeal, 1 Kern., 203; 6 Cow., 444 .) The Revised Statutes provide, (2 R. … (Steinkeller v. Newton, 2 M. & R., 372.) Of course, as the physical book itself is not required to be annexed, there can be no substitute for it, so as simply to prove the appearance of the book.

Butler v. Manhattan Railway Co.

30 Abb. N. Cas. 78 · The Superior Court of New York City · Apr 15, 1893

The form of the questions are similar to those sustained in Filer v. N. Y. Central R. R. Co. (49. N. Y. 42) and Brown v. N. Y. Central R. R. Co. (32 Id. 598), see also Keane v. Village of Waterford (130 Id. 188). … In respect to both these questions, see an interesting series of articles by Irving Browne, in the current volume of the “ Green Bag ” (1892-3).

Mayer v. Dean

22 Jones & S. 315 · The Superior Court of New York City · Apr 13, 1887

By it, it appears that the defendants bought from the plaintiff “ 81 bags French Brown Mus bard Seed like sample.” … Von Wein v. Scottish Insurance Co., 52 N. Y., Super. Ct. 490. The judgment appealed from is affirmed with costs. Sedgwick, Ch. J., and Dugro J., concurred.

Hill v. Thompson

16 Jones & S. 481 · The Superior Court of New York City · Nov 22, 1882

The exercise of this right was recognized and approved by the courts, and the charge was held to be a rent and not a tax (Treadwell v. Van Schaick, 30 Barb. 444 ; Trustees of Cannon Street Baptist Church v. … Y., 1 Duer, 498 ; affirmed as People v. Sturtevant, 9 N. Y. 263 ). The case at bar presents no such exceptional fea-. ture.

Jung v. Starin

65 N.Y. St. Rep. 780 · The Superior Court of New York City · May 6, 1895

. & Eed. on Neg., § 58; Barrett v. Third Ave. R. R. Co., 45 N. Y. 628 ; Phillips v. R. R. Co., 127 id. 657; 38 St. Rep. 675 ; Mooney v. R. R. Co., 2 City Ct. R. 366; Collins v. Long Island R. R. Co., 46 St. Rep. 652 . … They may possibly reach a conclusion similar to Judge Brown’s.

Haack v. Fearing

5 Rob. 528 · The Superior Court of New York City · May 15, 1868

The next case of any moment we find in the English books is that of Sleath v. … Justice Grier in the case of Derby v. The Philadelphia and Reading Railroad Company, (14 How. U. S.

Porter v. Lobach

2 Bosw. 188 · The Superior Court of New York City · Nov 28, 1857

(Jacques v. Marquand, 6 Cowen, 497; Church v. Sparrow & Good sell., 5 Wend. 223 ; Whitaker v. Brown, 16 Wend. 505 ; Miller, et al. v. Manice, 6 Hill, 114 , 119; Parsons on Mer. Law, 178 and 179, and note 7.) … In Toland v. Sprague, ( 12 Peters, 300 -334,) the party to. whom the account was rendered, showing a balance in his favor, demanded such balance. In the case before us, there was no act of Wm.

Lowry v. Inman

6 Abb. Pr. 394 · The Superior Court of New York City · Jun 15, 1869

Law, 139 ; Story Confl. of L., § 556 ; 2 Kent Com., ed. of 1866, 559 ; Brown Com., 45, 46 ; Westlake Private Int. Law, Art. 468 ; Id., Art. 166 ; Watriss v. Pierce, 32 N. H, 582; Titus v. … To the same effect are the following cases : Dudley v. Mayhew (3 N. Y. [3 Comst.], 9); Hardman v. Brown (39 Id., 196); Smith v. Lockwood ( 13 Barb., 209 ); Eastern Arch. Co. v. Queen (2 El. & Bl.); People v.

Van Wickle v. Mechanics' & Traders' Insurance

16 Jones & S. 95 · The Superior Court of New York City · Feb 6, 1882

The action is on a policy of insurance upon a cargo of coal shipped on board of the canal-boat W. S. Storms, from South Amboy, N. J., to New York city. The defense is unseaworthiness. … This was presumptive evidence of unseaworthiness at the time of her sailing (Wright v. Orient Mut. Ins.