Case law

Sully v. Schmidt

33 N.Y. St. Rep. 873 · The Superior Court of New York City · Nov 15, 1890

Complaint was made to the board of health by defendant a short time prior to the surrender, and the premises were examined by the physician of the board, at or about the time defendant left, and said physician testified that … Truesdell v Booth, 4 Hun, 100 ; Thalheimer v. Lempert, 17 N. Y. State Rep., 346; Edwards v. Candy, 14 Hun, 596 .

Kelly v. West

4 Jones & S. 304 · The Superior Court of New York City · Nov 29, 1873

The signing of the summons on that day was not a commencement of the action (Code, § 99 ; Kerr v. Mount, 28 N. Y. JR. 659). … Barker, 12 John R. 276 ; Wolcott v. Van Santvoord, 17 John. R. 253 ; Caldwell y. Cassidy 8 Cow. 271 ; Brown v. Furguson 2 Denis. 179; Hill v. Place, 36 How. P. R. 26, affd. at Gen. T. ; Knight v. Beach, 7 Abb. N.

Litchfield v. White & Leonard

3 Sandf. 545 · The Superior Court of New York City · Apr 20, 1850

We were referred to Thompson v. Brown, 4 J. C. R. 619, as *552 establishing that a trustee is not liable for ordinary negligence. We think, on considering the case, that it does not sustain the defendants’ position. … There was still less of obvious negligence in Doyle v.

Fleeman v. Fleeman

39 N.Y. St. Rep. 307 · The Superior Court of New York City · Jan 10, 1891

Jones v. Zoller, 32 Hun, 280 . In Price v. … Hoyt v. Thompson, 19 N. Y., 207, 215-218 ; Olcott v. Tioga R. Co., 27 id., 559; Porter v. Robinson, 30 Hun, 211 .

Murphy v. Ninth Avenue Railroad

58 N.Y. St. Rep. 140 · The Superior Court of New York City · Dec 29, 1893

He boarded one of defendant’s cars, going south, from the easterly side, while the car was in motion. … Rep. 871 ; Craighead v. Brooklyn City Railroad Co., 123 N. Y. 391 ; 33 St.

Livingston v. Hammer

7 Bosw. 670 · The Superior Court of New York City · Dec 29, 1860

(Brown v. Jenison, 3 *674 Sandf. 732 ; Hull v. Smith, 8 How. Pr. R. 150 ; Nichols v. Jones, 6 How. P. R. 358.) … (Gibbons v. Berhard, 3 Bosw. 635 ; Thompson v. Blanchard, 3 Corns. 335.)

Ginnon v. New York & Harlem Railroad

3 Rob. 25 · The Superior Court of New York City · Dec 31, 1864

(Foot v. Wiswall, 14 John. 304 . Steves v. Oswego and Syracuse R. R. Co., 18 N. Y. Rep. 422 . Dascomb v. Buffalo and State Line R. R. Co., 27 Barb. 221 .) … Thus, caution in the construction of a public work, (Brown v. Mohawk and Hudson R. R. Co., How. App. Gas. 66 ; Polar v. N. Y. Central R. R. Co., 16 N. Y.

Wallace v. Bennett

1 Abb. N. Cas. 478 · The Superior Court of New York City · Jan 15, 1877

J., Onslow v. Horne, 3 Wils. 177.) … It contains only a caution to applicants to inform themselves of the kind of house kept by the proprietor, before engaging board and lodging.

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

Sherwood v. Bd. Canvassers, 129 N. Y., 360 ; 41 St. Rep, 912; People v. The Supervisors, 11 N. Y., 563 ; *396 People v. Canal Board, 13 Barb., 444 ; 8 Pet., 291 ; 11 How., U. S., 272. … The case is unlike The People v.

Andrews v. Clerke

16 Bosw. 585 · The Superior Court of New York City · Dec 4, 1858

The plaintiff ought not to be held in default, in case a decline occurred during the fifth, if he furnished additional security before the brokers’ board met on the morning of the sixth. … (Stearns v. Marsh, 4 Denio, 227 ; Wilson v. Little, 2 Comst., 443.)

Mallory v. Perkins

9 Bosw. 572 · The Superior Court of New York City · Nov 29, 1862

C., 3 Sandf., 399 ; Roberts v. Carter, 28 Barb., 462 ; Sheldon v. Wood, 2 Bosw., 267 ; Union Bank of Sandusky v. Torrey, 2 Abbotts’ Pr., 271, note.) … The defendant Stern, and the cooper, thought they were strong, but how strong did not appear, and another .witness thought that they looked in good condition when put on board..

Quirk v. Rodman

5 Duer 285 · The Superior Court of New York City · Feb 15, 1856

In Brown v. Dewey, (1 Sand. Ch.

State Bank at New Brunswick v. Mettler

2 Bosw. 392 · The Superior Court of New York City · Feb 6, 1858

(Jackson v. Raynor, 12 J. R. 291; Farley v. Cleveland, 4 Cowen, 432; S. C. in error, 9 Id. 639; Ellwood v. Monk, 5 Wend. 235 ; Johnson v. Gilbert, 4 Hill, 178 ; Barker v. Bucklin, 2 Denio, 60 .) … (Barker v. Bucklin, supra; Brown v. Curtis, 2 Coms. 225 ; Brewster v. Silence, 4 Seld. 207.)

Greer v. People's Telephone, &c. Co.

18 Jones & S. 110 · The Superior Court of New York City · Jan 7, 1884

The defendant’s board of directors did not fix plaintiff’ s salary until February 24, 1882, when it was fixed, by resolution of the board of directors, at $960 per annum. … The case of Ryan v. Ward ( 48 N. Y. 204 ), is, however, conclusive on the subject.

Robertson v. Bennett

12 Jones & S. 66 · The Superior Court of New York City · May 6, 1878

Hamilton’s definition of a libel, in his argument in People v. Croswell ( 3 Johns. Cas. 354 ), is referred to with approval in Steele v. … In Weed v.

Mayne v. Griswold

3 Sandf. 463 · The Superior Court of New York City · Apr 1, 1850

In Russell v. … Jur. § 81; Atkinson v. Leonard, 3 Brown C. C. 218; Kemp v. Prior, 7 Ves. 249: Walmesly v. Child, 1 Ves. 341; Toulman v. Price, 5 Ves. 239.)

Ogden v. General Mutual Insurance

2 Duer 204 · The Superior Court of New York City · May 28, 1853

It is a part of the obligation of a shipowner to keep a competent crew on board at his own expense, from the commencement to the end of the voyage. (Jackson v. Charnock, 8 T. R. 209; Plummer v. … (Anderson v. Walter, 2 Maule & S. 240; Eruth v. Smith, id. 278; Benson v.

Cook v. Litchfield

5 Sandf. 330 · The Superior Court of New York City · Dec 29, 1851

In the case of Shelton v. … (Brown v. Jay, 9 John. 221 ; Walch v. Durkin, 12 John. 99 .) Those provisions relate only to the mode of stating the pendency of a prior action, in those cases in which the defence may be legally admitted.

Hooper v. De Long

5 Jones & S. 127 · The Superior Court of New York City · Feb 28, 1874

As an estoppel in pads may be urged against the defense of usury (Mason v. Anthony, 3 Keyes, 609 ), such proof would operate as such estoppel. … Brown v. Mott ( 7 Johns. 361 ), was not a case of usury, and is not in point.

Butterworth v. Clarkson

3 Misc. 338 · The Superior Court of New York City · Apr 15, 1893

Loughlin v. State, 105 N. Y. 159 ; Cullen v. Norton, 126 id. 1. The liability of the master depends upon the character of the act, in the performance of which the injury arises. Crispin v. Babbitt, 81 N. Y. 516 . … defendants had committed the manner of proceeding with the work, as they lawfully might, to a competent foreman, and no amount of care and precaution on their part could prevent the foreman from picking up an unsuitable board