Case law

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

Carroll v. New York & New Haven Railroad

1 Duer 571 · The Superior Court of New York City · Feb 26, 1853

A neglect of that duty would be generally regarded as imminently perilous to all the passengers on board. … In Sarck v. Blackburn, 4 C.

Pendleton v. Lord

2 Jones & S. 301 · The Superior Court of New York City · Mar 30, 1872

Board of Supervisors, 1 Sweeny, 217 ). … The case of McGarry v. Board of Supervisors (supra), is decisive upon this point. The motion for a re-argument must be denied.

Church of St. Monica v. Mayor of New York

23 Jones & S. 160 · The Superior Court of New York City · Dec 15, 1887

The history of the case of Chegaray v. … Their exemption from taxation is probably secured by other provisions, because the said board is, as has been shown in Donovan v. The Board of Education, 44 Super.

Johnson v. Union Switch & Signal Co.

26 Jones & S. 59 · The Superior Court of New York City · Apr 7, 1890

The rule of construction given in Decker v. Furniss, 14 N. Y. 611 , should be followed. It is “ There is no doubt that the phrase which stands at the commencement of the contract ‘ William H. … Brown sells,’ etc., imports of itself an executed sale.

Beavers v. Lane

6 Duer 232 · The Superior Court of New York City · Dec 27, 1856

(See Caldwell v. Bartlett, 3 Duer, 341 ; Keyser v. Harbeck, ib. 373.) Since the case of Mowry v. Walsh, ( 8 Cow. 238 ,) the former proposition has not been disaffirmed, and the case of *239 Smith v. … (See Smith v. Syms, 1 Selden, 41, S. C., 3 Sand. 203; Caldwell v. Bartlett , and Keyser v. Harbeck, supra, and the numerous casés cited in each; Van Neste v. Conover, 20 Barb. Sup. C. R. 547; Ives v. Humphrey, 1 E. D.

Austin v. Westchester Telephone Co.

58 N.Y. St. Rep. 306 · The Superior Court of New York City · Apr 15, 1894

Smyth v.. International L. Ins. Co., 35 How Pr., 126; Swift v. City of Poughkeepsie, 37 N. Y., 511 ; Buff. & St. Line R. R. Co. v. Board of Supervisors, 48 N. Y., 93, 99 ; Barhyte v. Shepherd, 35 N. Y., 238 ; Austin v. … Co. v. Mitchell, 45 Id., 208; Washburn v. Franklin, 35 Id., 599; Hackley v. Sprague, 10 Wend., 114 .

City Bank v. Perkins

17 Bosw. 420 · The Superior Court of New York City · Mar 26, 1859

In Beers v. Phœnix Class Company, (14 Barb. S. C. … Spalding, (5 Seld., 53,) and Tracy v.

Olyphant & Son v. Atwood

17 Bosw. 459 · The Superior Court of New York City · Apr 9, 1859

That the Danish law was in conformity with international law will be found as early as Yattel, (Vattel, lib. 2, ch. 18, §§ 342, 343, 344;) and as late as the case of Brown v. … . *473 In Patter v. Brown , (5 East., 129,) a merchant in Baltimore drew a bill upon another in England.

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.

Weill v. Metropolitan Railway Co.

63 N.Y. St. Rep. 170 · The Superior Court of New York City · Oct 15, 1894

Robertson v. Robertson, 9 Daly, 52 ; Van Syckels v. Perry, 3 Rob. (N. Y.) 622. So in Lane v. … No one can seriously question the power of the court at special term to grant liberty to amend and perfect what was previously set forth in an imperfect manner, Brown v. Leigh, 49 N. Y. at page 80; Wilson v.

Second National Bank v. Pottier & Stymus Mfg. Co.

24 Jones & S. 216 · The Superior Court of New York City · Oct 25, 1888

Commercial Bank v. Norton, 1 Hill, 501 . … National Park Bank v. The German *222 American Mutual Warehousing and Security Co., 53 Super Ct. 367. The case now before us is to be distinguished from the case of the People’s Bank v. St. Anthony’s &c. Church, 109 N.

McIntyre v. Hernandez

7 Abb. Pr. 214 · The Superior Court of New York City · Apr 15, 1869

But it seems to be quite settled that no such appeal can be taken (People v. Willis, 5 Abb. Pr., 205 ; Freeman v. Ogden, * 17 Id., 326 note). The case of Davis v. Hudson ( 5 Abb. … Hogan, 1 Bosw., 645 ; Seeback v. McDonald, 11 Abb. Pr., 95 ; Griffith v. Brown, 28 How. Pr., 4 ; Marks v. Wilson, 11 Abb. Pr., 87 ; Ward v. Kelsey, 14 Id., 106 ; Roberts v. Matthews, 18 Id., 199 ).

Florence Sewing Machine Co. v. Warford

1 Sweeny 433 · The Superior Court of New York City · Jul 2, 1869

Held, by a full bench, larceny (Reg. v. Morgan, 29 Eng. Law and Eq., 543). The prosecutor, in Begina «. Brown, délivered money to the prisoner Brown to carry to a Mr. … Brown, 36 Eng. Law and Eq., 610).

Edsall v. Brooks

3 Rob. 284 · The Superior Court of New York City · May 27, 1865

Dexter v. Taber, 12 John. 239 . Quini v. O’Gara, 2 E. D. Smith, 388.) For the two other cases cited in such opinion, (Stanley v. Webb, 4 Sandf. 21 , and Clement v. … Officers appointed by the Board of Metropolitan Police hold during good behaviour. (Laws of 1860, ch. 259, § 13.) The commissioners of such board are empowered to enact “ rules and regulations of general discipline.”

People ex rel. Matthews v. Woodman

22 N.Y. St. Rep. 435 · The Superior Court of New York City · Mar 25, 1889

People v. Meyers, 95 N. Y., 223 . … Upon an inquiry the said board, *437 or the party complained of, may summon, and the said board may compel the attendance of witnesses before them, and examine them under oath.”

Rothschild v. Schuberth

8 Bosw. 289 · The Superior Court of New York City · Jun 1, 1861

(Haven v. Brown, 7 Greenl., 421 ; Cow., Hill & Edw. … (Farmers' and Mechanics' Bank of Kent Co. v. Butchers' and Drovers' Bank, 16 N. Y. R., 135, et seq.) But this case, at the trial, raised no such question.

Eccles v. Darragh

14 Jones & S. 186 · The Superior Court of New York City · Apr 5, 1880

The plaintiff contends for such absolute liability, though the jury were instructed otherwise, and cites Creed v. Hartman (8 Bom. 128). … Y. 591 ), under the rule-laid down in Congreve v. Smith ( 18 N.

People ex rel. Hoffman v. Tedcastle

68 N.Y. St. Rep. 135 · The Superior Court of New York City · May 15, 1895

People v. Hayt, 66 N. Y. 607 ; People v. Rome, W. & O. R. Co., 103 id. 95; 3 St. Rep. 39 ; People ex rel. McMackin v. Board of Police, 107 N. Y. 235 ; 11 St. Rep. 412 ; People ex rel. Nicholls v. … Bank v. Cromwell, 102 N. Y. 477 ; People ex rel. Superintendant of Poor v. Board Sup’rs, St. Lawrence Co., 103 id. 541 ; 4 St. Rep. 229 .

New York Exchange Co. v. De Wolf

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

(Hoare v. Graham, 3 Camp., 57; Hogg v. Snaith, 1 Taunt., 347; Eaves v. Henderson, 17 Wend., 190 ; 5 Pick., 506 .) *607 In the case of Stewart v. … In Cecil v. Plaistow, (1 Anst., 202,) cited by the Chancellor in Stewart v.