Case law

White v. Mealio

5 Jones & S. 72 · The Superior Court of New York City · Jan 31, 1874

In Witty v. Mathews ( 52 N. … Brown, 6 Cow. 475 ; Arden v. Pullen, 10 M. & W. 321). Thus far I have considered the case on the theory that the defendants caused the work to be done, and I cannot see that the plaintiff has a cause of action.

Leveridge v. Mayor of New York

3 Sandf. 263 · The Superior Court of New York City · Oct 20, 1849

The point as to the taxable costs, we decided against the corporation, in Brady v. The City of New York, 1 Sand. R. 569. *270 2. … We refer to Hodges v. The City of Buffalo, 2 Denio 110 ; Brown v. The City of Utica, 2 Barb. R. Sup. Court, 109; Halstead v. The City of New York, in the supreme court in this district, November, 1848, reported in 7 N.

Ford v. Belmont

3 Jones & S. 135 · The Superior Court of New York City · Nov 30, 1872

It is consequently governed by the same rules as other actions, and the same defences to defeat the right to such relief may be set up (Peck v. Brown, 26 How. 360 ; Barnard v. Simms, 42 Barb. 304 ; Hammond v. … R. 356; Jackson v. Livingston, 7 Cow. 636 ). The judgment appealed from should be affirmed, with costs.

Kissam v. Roberts

19 Bosw. 154 · The Superior Court of New York City · Feb 18, 1860

Daniels v. Brown & Ball is cited in the note (11 Wend., p. 57) to the same point. Justice Nelson, in Rogers v. … Milward, (2 New Cases, 98,) and this Court, in the case of Browne v.

Havemeyer v. Havemeyer

11 Jones & S. 506 · The Superior Court of New York City · Mar 11, 1878

"In Fremont v. … So in Guernsey v.

Warren v. Warren

59 N.Y. St. Rep. 390 · The Superior Court of New York City · Apr 15, 1894

Moller v. Moller, 115 N. Y. 466 ; 26 St. Rep. 207 . … It appears that the defendant, after separating from his wife, went to board in a flat occupied by the co-respondent, at the “ Kingston,” No. 100 West Seventy-sixth street.

Schreyer v. Mayor of New York

7 Jones & S. 1 · The Superior Court of New York City · Feb 1, 1875

In Ham v. The Mayor, &c (37 Superior Ct. … R. 458), this court distinctly held that the defendants are not liable for the acts or contracts of the Board of Education or the Department of Public Instruction, and this decision, if applicable to the case at. bar, would

Holbrook v. Basset

5 Bosw. 147 · The Superior Court of New York City · Jul 9, 1859

The Board could not delegate their powers to two of their number, and authorize them to take its assets without limit and to make of them any disposition they chose. (1 Sug. on Pow., 340, 341; Cole v. … Justice Seldeh, “ to prevent the property of the corporation from being placed beyond the control of its Board of Directors,” (Leavitt v. Blatchford, 17 N.

Burchard v. Tapscott

3 Duer 363 · The Superior Court of New York City · May 20, 1854

The kentledge was on board of the vessel at the time the contract to charter was made, and the vessel was put in the defendants’ possession under that contract. … In the case of Baur v.

Clare v. National City Bank

1 Sweeny 539 · The Superior Court of New York City · Oct 30, 1869

If the board or plank which struck plaintiff did in fact fall from the defendants’ premises, I am of opinion that, within the principle of the decisions cited by plaintiff’s counsel, such fact established, 'prima facie, a … R., 42 2 Johnson v. Hudson R. R.R., 20 N. Y. R., 65 ; Hines v. Barton, 25 N. Y. R., 544; Field v. N. Y. Central R.R. Co., 32 N. Y., 339 ; Wolfkiel v. Sixth avenue R.R. Co., 38 N. Y. R., 49; Pigott v. Eastern Co. Ry.

Fitch v. Livingston

6 Sandf. 492 · The Superior Court of New York City · Apr 12, 1851

In one of them, Vandewater v. … In the case of Finch v. Brown, 13 Wend. 601 , this point came before the late supreme court, soon after the passage of the . act of 1831.

Mayor of New York v. Price

5 Sandf. 542 · The Superior Court of New York City · May 8, 1852

the judge correctly refused to charge as first requested, that no action would lie for the amount justly owing, until the sum to be deducted was fixed and liquidated by the comptroller and the finance committee of both boards … The cases cited by the- defendants, from 2d Cowen & Hill’s Notes, 1473, where parol proof was allowed, were cases of agreements imperfect on their face, or as in 3 Hill, 171 , Batterman v.

Robbins v. Richardson

2 Bosw. 248 · The Superior Court of New York City · Dec 5, 1857

(Lathrop v. Morris, 5 Sandf. S. C. R. 7; Grandin, et al., v. Le Roy, 2 Paige, 509 ; Bank of Rutland v. Buck, 5 Wend. 66 ; Grant v. Ellicott, 7 Wend. 227 ; Young v. Lee, 2 Kern. 552; Ross v. … (Brown v. McCune; 5 Sandf. 229 ; Hunt V. Hudson River Fire Ins. Co., 2 Duer, 489; and see Roth v. Schloss, 6 Barb. 308 .)

Knapp v. Roche

5 Jones & S. 395 · The Superior Court of New York City · Jun 1, 1874

The power to allow amendments at the trial, is less than is possessed by the court at special term (Brown v. Leigh, 49 N. Y. 78 ). … Johnson v. Brown ( 57 Barb. 118 ), sustains this right of amendment before verdict, upon the authority of Bedford v. Terhune (sup.), and Vibbard v. Roderick ( 51 Barb. 616 ).

Tracy v. New York & Harlem Railroad

9 Bosw. 615 · The Superior Court of New York City · Jan 15, 1863

(See Marquart v. LaFarge, 5 Duer, 559 ; Brown v. Richardson, 1 Bosw., 402 .) … (Clarke v. Ward, 4 Duer, 206 .)

Monne v. Ayer

20 Jones & S. 139 · The Superior Court of New York City · May 26, 1885

Same, 1 Gilman, 899 ; Tyron v. Passmore, 2 Barr, 122 : Snyder v. May, 7 Harr. 239 ; Edwards v. Brown, 1 Tyrwhit, 182 ; Chesnut Hill Reservoir Co. v. Chase, 14 Conn. 123 ; Jordan v. Stevens, 51 Me. 78 ; Fillman v. … Curtis, 15 Ib. 140 ; Cooper v. Phibbs, L. R. 2 H. L. 149 ; Broderick v. Same, 1 P. Wms. 239).

Levy v. Brothers

53 N.Y. St. Rep. 636 · The Superior Court of New York City · Jun 6, 1893

Mahan v. Brown, 13 Wend., 261 ; Parker v. Foote, 19 id., 309 ; Palmer v. Wetmore, 2 Sandf., 316 ; Myers v. Gemmel, 10 Barb., 537 ; Shell v. Kemmerer, 13 Phila., 502 ; Shipman v. Beers, 2 Abb. N. … C., 435 ; 2 Washburn on Real Prop., 5th ed., 361, 365 ; Gerard on Titles, 3d. ed., 763; Doyle v. Lord, 64 N. Y., 432 .

People ex rel. Boekell v. MacLean

28 Jones & S. 210 · The Superior Court of New York City · Jan 11, 1892

The relator was tried by the police board on charges preferred to said board that the relator was so much under the influence of liquor as to be unfit for duty at 1.33 P. M. … Lomer v. Meeker, 25 N. Y., 361 ; Kavanagh v. Wilson, 70 N. Y., 179 .

Heintze v. Mayor of New York

18 Jones & S. 295 · The Superior Court of New York City · Apr 7, 1884

by reason of the negligence of said board or its servants in the use or care of the premises (Ham v. … *298 Troy, 18 Hun, 167 ; Evers v.

Carlin v. Richardson

17 N.Y. St. Rep. 399 · The Superior Court of New York City · Jul 13, 1888

Kerr v. Hays, 35, N. Y., 331; Tusha v. O’Brien, 68, id.,446. … The case of Brown v. Gallaudit, 80, N. Y., 413, is therefore decisive of the present case, as are many others. The judgment should be reversed, with costs. Titus, J., concurs, Beckwith, Oh. J., dissents.