Case law

Talcott v. Belding

46 How. Pr. 419 · The Superior Court of New York City · Dec 15, 1873

Its want of certainty defeats the recital in the undertaking from operating as an absolute estoppel, and, it being clearly the plaintiff’s statement, and not the defendants, except by a qualified and enforced adoption with … The learned judge uses the qualifying words “received by delivery.”

Delafield v. DeGrauw

9 Bosw. 1 · The Superior Court of New York City · Dec 7, 1861

Clearly, either to returner tender them to the plaintiffs, or to rely on his claim for damages. He might do either. … And if not, then the defendant wholly-failed to establish any affirmative cause of action entitling Mm to any abatement from the plaintiff’s recovery.

Tooker v. Doane

2 Hall 532 · The Superior Court of New York City · Dec 15, 1829

At the trial the plaintiff relied upon this answer as evidence to establish a new promise to pay, but was nonsuited. … Or is the consent and authority it gives so cautious and qualified, as to preserve to him all the protection which that discharge could give him ?

Palmer v. Foley

4 Jones & S. 14 · The Superior Court of New York City · May 3, 1873

city of Mew York the power to make such appointment, and that in accordance therewith the defendant was, on the 6th day of January, 1873, duly appointed by such comptroller to the office of deputy chamberlain, and was duly qualified … While the language of the act thus clearly empowers the comptroller to appoint the deputy chamberlain, it remains to be seen whether that language fails to express the intention of the legislature, as is claimed on the part

Palmer v. Foley

45 How. Pr. 110 · The Superior Court of New York City · Mar 15, 1873

city of New York the power to make such appointment, and that in accordance therewith the defendant was, on the 6th day of January, 1873, duly appointed by such comptroller to the office of deputy chamberlain, and was duly qualified … While the language of the act thus clearly empowers the comptroller to appoint the deputy chamberlain, it remains to be seen whether that language fails to express the intention of the legislature, as is claimed on the part

Leicht v. Board of Excise

46 N.Y. St. Rep. 835 · The Superior Court of New York City · May 26, 1892

The new act was not designed .to create forfeitures, or to destroy rights of property, or to prevent persons whose money was invested in an established business at the time of the passage of the act from carrying on the same … The applicant clearly came within the purview of the law as to existing licensees, and had a proprietary interest which the legislature intended should be protected.

Persse & Brooks Paper-Works v. Willett

19 Abb. Pr. 416 · The Superior Court of New York City · Jul 15, 1863

was clearly competent. This was put on his cross-examination. … The full pertinency of this part of the charge cannot -be so clearly seen as it would be, if the requests to charge were in the case.

Berley v. Rampacher

5 Duer 183 · The Superior Court of New York City · Jan 15, 1856

contracted before marriage, but that execution on any judgment in such action, shall only issue against, and the judgment shall only bind, the separate estate of the wife; and it is contended, that these provisions are clearly … Van Kleeck, qualified and explained by subsequent decisions, has established the rule, that no enactment, however positive in its terms, is to be construed as designed to interfere with existing contracts, rights of action

Harnett v. Bleecker Street & Fulton Ferry Railroad

17 Jones & S. 185 · The Superior Court of New York City · May 7, 1883

That rule was that to justify nonsuiting “the negligence must appear so clearly that no construction of the evidence or inference drawn from the facts, would have warranted a contrary conclusion, and that a verdict of ' the … whole or in part, that testimony, so it cannot be considered as establishing the fact.

Murzynowski v. Delaware, Lackawanna & Western Railroad

39 N.Y. St. Rep. 299 · The Superior Court of New York City · Mar 10, 1891

defendant offered in evidence an unverified petition of plaintiff herein addressed to the surrogate of Erie county, showing that she was appointed administratrix of the goods, chattels and credits of Paul Muzynowski, and qualified … shall obtain in surrogates’ courts; if it did then it is clear that no decree could be upheld unless founded upon a written petition duly verified containing a statement of jurisdictional facts. ' That such is not the rule clearly

Stewart v. Keteltas

9 Bosw. 261 · The Superior Court of New York City · Mar 29, 1862

And without such condition, I am still more clearly of opinion that without the slightest evidence to establish the impossibility of the plaintiffs completing such work within the time, notwithstanding the delays, the plaintiffs … Any words, of clearly equivalent import, are sufficient.

Cornwall v. Mills

12 Jones & S. 45 · The Superior Court of New York City · Apr 1, 1878

It is, however, strenuously insisted, that not only did the plaintiff fail to exonerate his inte°state from the charge of contributory negligence, but that the evidence adduced on his part so clearly established the fact … vigilance and caution to be exercised in avoiding disaster should not necessarily be commensurate with the danger that is imminent, but with the danger that is to be apprehended ; and the necessity for the circumspection is qualified

People ex rel. Napoleon v. Lemmon

5 Sandf. 681 · The Superior Court of New York City · Nov 12, 1852

Much less could we disr regard their constitutional right, as citizens of one of the states, to all the rights, immunities, and privileges of citizens of the several states. … I have quoted largely from the opinions in these cases, in ■ order that it may be understood clearly what is presented by them as their governing principle.

People ex rel. Jones v. New York Homœopathic Medical College & Hospital

47 N.Y. St. Rep. 395 · The Superior Court of New York City · Jun 27, 1892

The legal right of the party to that which he demands in the writ must be clearly established. Peo. ex rel. Sherwood v. Bd. Canvassers, 129 N. Y., 360 ; 41 St. Rep, 912; People v. The Supervisors, 11 N. … It leaves the subject where it belongs; with those qualified to master it. The application for the writ must be denied, with ten dollars •costs.

Considerant v. Brisbane

2 Bosw. 471 · The Superior Court of New York City · Feb 6, 1858

But when the terms are such, as clearly import that the party represented is the intended recipient of the subject of the promise, and the designation of the name of the agent is qualified by terms expressive of the capacity … These views, we think, are sustained and established by numerous cases, and among them, from our own State, see Harp. v. Osgood, ( 2 Hill, 219 ,) Taintor v. Prendergast, ( 3 Hill, 72 ,) Bayley v. The Onondaga Co. Mat.

Folinsbee v. Sawyer

59 N.Y. St. Rep. 583 · The Superior Court of New York City · May 3, 1894

The evidence relied upon to establish plaintiff’s employment is satisfactory, and clearly authorized the jury so to find. This is scarcely contended against. … Keeping clearly in view plaintiff’s contract to procure a meeting of minds upon price and terms, this matter becomes more simple and plain.

Murray v. Smith

9 Bosw. 689 · The Superior Court of New York City · Dec 15, 1863

This is evidently intended to be a personal exemption, and not a relief of the estate represented, and qualified the immediately preceding provision allowing costs personally. … The whole section established a fairer rule, to wit: That the estate to be benefited by a defense, successful, should be chargeable with the expense if it fail..

Forrest v. Forrest

6 Duer 102 · The Superior Court of New York City · Jun 15, 1856

If it was, it was clearly admissible under the decisions of the courts in this state, as the cause of action was a single one, and the part of the conversation proved tended to establish it. … Forney, it is clearly untenable.

Magie v. Osborn

1 Rob. 689 · The Superior Court of New York City · Nov 14, 1863

The plaintiff endeavored to establish the execution of such bond by the appellant in three ways, by his admissions, by proving his signature, and by its acknowledg-ment before a commissioner. … What he meant by recognizing aninstrument seen by him for the first time does not clearly, appear."

Temple v. Sammis

16 Jones & S. 324 · The Superior Court of New York City · Nov 6, 1882

“All the parts of a will must be taken together and each part construed in the light of the other. ‘ Although a devise to a person and his heirs, gives him an estate in fee simple, yet if the word ‘ heirs ’ be qualified by … “A long line of cases has established the rule that where the intention of the testator to limit an estate apparently given in the earlier part of a will to a lesser estate, is clear from subsequent clauses of the will, the