Case law

Maltbie v. Bolting

56 N.Y. St. Rep. 243 · The Superior Court of New York City · Dec 29, 1893

Wood on ¡Nuis *245 ance, § 258; Commonwealth v. Passmore, 1 Serge. & Rawle, 219 ; People v. Cunningham, 1 Den., 524 ; People v. Horton, 34 N. Y., 610 ; Welsh v. Wilson, 101 id., 254; Callanan v. … The board of health had ordered the work to be done, and if the owner had not caused it to be done in the manner he did, the board of health could and probably would have had it performed at his expense.

Godfrey v. Pell

17 Jones & S. 226 · The Superior Court of New York City · May 7, 1883

Brown, the attorney for Mr. Brennan, called at the office of the company, and the plaintiff tendered the defendant $473 and demanded the stock. … The defendant,-as pledgee, had no right to set up the claim of a third person as against the title of his pledgor (Bates v. Stanton, 1 Duer, 84 ; Lund v. Seaman’s Bank, 37 Barb. 132 ).

Bensler v. Locke

54 N.Y. St. Rep. 262 · The Superior Court of New York City · Jul 14, 1893

This result is supported in Brown v. Foster, 108 N. Y., 390 ; 13 St Rep., 805. Defendant occupied no other or different position with reference to this property than that of a gratuitous bailee. … Dale v. Brinckerhoff, 7 Daly, 45 . It was proper care to remove it from the house when defendant moved, and keep it safely. The use to which he put it might have evidenced an acceptance of it, and consequent liability.

Minck v. Martin

22 Jones & S. 136 · The Superior Court of New York City · Dec 30, 1886

Upon these facts and the decision by the court of appeals of Catlin v. Martin ( 69 N. … The board of the wife by the plaintiff during this time was but the continuance of the voluntary support furnished by her, as found by the referee.”

Strong v. Jenkins

39 N.Y. St. Rep. 409 · The Superior Court of New York City · Jun 16, 1891

Fillmore Brown was duly .appointed guardian ad litem for the plaintiff, who was an infant, before the commencement of the action, but no formal proof of that fact was made on the trial. … Schermerhorn v. Jenkins, 7 Johns., 373 ; Treadwell v. Bruder, 3 E. D. Smith, 597.

Jamieson v. Millemann

3 Duer 255 · The Superior Court of New York City · Apr 29, 1854

(Fentiman v. Smith, 4 East. 109; The King v. Inhabitants of Horndon, 4 M. & Gil. 562 ; Hewlins v. Shipman, 5 B. & C. 221; Wood v. Leadbitter, 13 M. & W. 838 ; Bryan v. Whistler, 8 B. & C. 288; Cocker v. Cooper, 1 Cr. … Whitney, 15 Wend. 380 ; Miller v. Auburn and Syracuse R. R. Co., 6 Hill, 61 ; Houghtailing v. Houghtailing, 5 Barb. 379 ; Brown v. Woodworth, id. 551.) It is true that in Taylor v.

Ryan v. Boltz

16 Jones & S. 152 · The Superior Court of New York City · Apr 3, 1882

In Kline v. … In applying Kline v.

Eitel v. Bracken

6 Jones & S. 7 · The Superior Court of New York City · Jul 2, 1874

McLaren, 19 Wend. 557 ; Lesley v. Johnson, 41 Barb. 359 ; Ferguson v. Hamilton, 35 Id. 427 ; Clark v. Sinson, 4 Duer, 408 ). … Davis, 5 Duer, 507 ; Lawrence v. Brown, 5 N. Y. 394 ; Chautauqua Co. Bank v. White, 6 Id. 236; Jewett v. Miller, 10 Id. 402).

Mason v. Breslin

2 Sweeny 386 · The Superior Court of New York City · Apr 30, 1870

Y., 205 ; 6 Abb., 129 ; 15 How., 407 ; Gilbert v. Beach, 16 N. Y., 608 ; Purchase v. Matteson, 25 N. Y., 211 ; 15 Abb., 402 ; Havemeyer v. Cunningham, 8 Abb., 1 ; Beebe v. Ayres, 28 Barb., 283 ; Whittaker v. … Merrill, 28 Barb., 526 ; Sackett v. Spencer, 29 Barb., 188 ; Bell v. Shipley, 33 Barb., 614 ; Porter v. Shepeler, 2 Bosw., 188 ; Brown v. Orser, 2 Bosw., 365 ; Chambers v. Grantzen, 7 Bosw., 414 ; Purchase v.

Mills v. New York and Harlem Railroad

2 Rob. 326 · The Superior Court of New York City · May 28, 1864

(Clark v. Foot, 8 John. 421 . Vanderburgh v. Truax, 4 Denio, 464 .) … This they do not seem to have done, for the plaintiff himself nailed boards over the holes.

Goldschmidt v. Goldschmidt

15 Jones & S. 184 · The Superior Court of New York City · Feb 7, 1881

If she had answered in the action, it is clear that even without a case she would be at liberty to raise such questions as appear on the face of the judgment roll, and might formerly have been raised on a writ of error (Brown … v.

Mohr v. Parmelee

11 Jones & S. 320 · The Superior Court of New York City · Jan 14, 1878

The domination acquired in the other is a privilege that enlarges it (Giles v. Dugro, 1 Duer, 331 ). … v.

Wisser v. O'Brien

3 Jones & S. 149 · The Superior Court of New York City · Nov 30, 1872

It may well be that the doctrine of Brown v. Cook, 3 E. D. Smith, 123, and Howland v. … Y. 202 ; Groulett v. Asseler, 22 N. Y. 225 ; Manning v. Monahan, 23 N. Y. 539 , and S. C. 28 N.

Lax v. Forty Second & Grand St. Ferry Railroad

14 Jones & S. 448 · The Superior Court of New York City · Dec 6, 1880

The law to govern is declared in the case of Clark v. Eighth Avenue R. R. Co. ( 36 N. … In Ginna v. Second Avenue R. R. Co. ( 67 N.

Mabey v. Adams

16 Bosw. 346 · The Superior Court of New York City · Jul 3, 1858

It is difficult to understand how a director can be chargeable individually for false statements contained in the articles of association of the bank, which necessarily preceded in order of time the election of the board … See, Leavitt v. Blatchford, 17 N. Y. R, 521.

Hall Steam Power Co. v. Campbell Printing Press & Manufacturing Co

5 Misc. 264 · The Superior Court of New York City · Oct 15, 1893

Schuyler v. Smith, 51 N. Y. 309 ; Comrs. of Pilots v. Clark, 33 id. 251; Mack v. Burt, 5 Hun, 28 ; Dorr v. Barney, 12 id. 263 ; Elwood v. Forkel, 35 id. 202 ; Witt v. Mayor, 5 Robt. 248; 6 id. 441; Hunt v. … Carter v. Hammett, 18 Barb. 608 ; Bacon v. Brown, 9 Conn. 334 ; Bull v. Silbs, 8 T. R. 327; Harding v. Crethorn, 1 Esp. 57; Brewer v. Knapp, 1 Pick. 332 , 336; Dimock v. Van Berger, 94 Mass. 552 ; Henderson v.

St. John v. Mayor

6 Duer 315 · The Superior Court of New York City · Feb 14, 1857

I think not; and the mode of proving the loss would be just the one adopted on the present trial. *322 In Finch v. Brown, ( 13 Wend. 601 ,) the Supreme Court, and, in Fitch v. … Iverson v. Moore, (1 Ld Raymond, 486,) and cases therein cited, are to the like purport; and in Lacour v.

Adams v. Mills

6 Jones & S. 16 · The Superior Court of New York City · Jul 2, 1874

Brown, to the plaintiff’s husband, indicates very clearly that they were conniving to deceive the defendant and the two other trustees. … Com,. 154 ; In re Denny, &c., 2 Hill, 220 ; Nimmons v. Hennion, 2 Sweeny, 663 ; Obicht v. Hughes, 41 Barb. 541 ; Watervliet Turnpike Co. v. McKeon, 6 Hill, 620 ).

Cunard Steamship Co. v. Voorhies

18 Jones & S. 253 · The Superior Court of New York City · Apr 7, 1884

This shed set on piles outside the ne\V bulkhead line adopted under the act, and extending over the water of the slip, was not in accordance with said plan, and the Dock Department had no authority to put it there, or to … When the use of a thing is granted, everything is granted by which the grantee may have and enjoy such use (3 Kent Com. 421; Langdon v. Mayor, 93 N. Y. 151 ).

Dows v. Montgomery

5 Rob. 445 · The Superior Court of New York City · Mar 15, 1868

It was originally on board of two vesssels, (The Wiltsie and Maria,) *454 when the negotiations for the sale of it commenced between the parties. … (Outwater v. Dodge, 6 Wend. 402 . Spencer v. Hale, 30 Verm. Rep. 314 . Morton v. Tibbett, 15 Ad. & El. N. S. 428. Bushell v. Wheeler, Id. 441 .) Mr.