Case law

Schreiber v. Mayor, Aldermen & Commonalty of New York

64 N.Y. St. Rep. 451 · The Superior Court of New York City · Mar 4, 1895

Mills v. City of Brooklyn, 82 N. Y. 489 ; Barton v. Syracuse, 36 N. Y. 54 ; McCarthy v. Same, 46 N. Y., 194 ; Hines v Lockport, 50 N. Y., 236 ; Nims v. Mayor, 59 N. Y., 500 ; Smith v. The Mayor, 66 N. Y. 295 ; Byrnes v. … Y., 205 ; Lynch v. Mayor, 76 N. Y., at p. 63 ; Urquhart v. Ogdensburg, 91 N. Y., 69 ; Seifert v. Brooklyn, 101 N. Y., 141 ; Turner v. Newburgh, 109 N. Y., 301 ; Stoddard v. Saratoga, 127 N. Y., 261 ; 38 St.

Fayerweather v. Phenix Insurance

7 N.Y. St. Rep. 25 · The Superior Court of New York City · May 2, 1887

The goods were on board a steamer at the time the loss occurred. … Grim v. The Phenix Ins. Co., 13 Johns., 451 .

Inness v. Willis

16 Jones & S. 188 · The Superior Court of New York City · Apr 3, 1882

The argument, and authorities cited by the counsel for defendant, relate only to cases of that character (Brown v. Weber, 38 N. Y. 187 ; Watt v. Rogers, 2 Abb. Pr. 261 ; People ex rel. Taylor v. … Y. 535 ; Story v. Congor, 3 Trans. App. 213 ; Smith v. Babcock, 36 N. Y. 169 ; Thomas v. Bartow, 48 Id. 198 ; Leggatt v. Mu. L. Ins. Co., 53 Id. 398 ; Bensel v. Gray, 6 J. & S. 449 ; Green v. Chandler, 25 Texas, 148 ).

Londriggan v. New York, N. H. & H. Railroad

17 Jones & S. 526 · The Superior Court of New York City · Dec 3, 1883

To sustain the action every condition of the statute must be complied with, one of which is that “such an action must be commenced within two years after the decedent’s death” (Brown v. Harmon, 21 Barb. 508 ; Yertore v. … Bank v. Lynch, 76 N. Y. 514 ; Garner v. Harmony Mills, 45 Super. Ct. 148; Campbell v. N. Y. Cotton Exchange, 47 Super.Ct. 558) . Opinion by Freedman, J.; O'Gorman, J., concurred. Appeal dismissed, with costs.

Wheeler v. Newbould

5 Duer 29 · The Superior Court of New York City · Jun 15, 1855

(Cortelyou v. Lansing, 2 Caines’ Cases, 200; Allen v. Dykers, 3 Hill, 593 ; S. C., 7 Hill, 497 ; Stearns v. Marsh, 4 Denio, 227 ; Brownell v. Hawkins, 4 Barb. 491 ; Wilson v. Little, 2 Comst. 443.) … I am aware that there are other cases which are usually referred to, as having introduced and established the doctrine, and these are Tucker v. Wilson (3 P. Will, 261 S. C. 1 *36 Brown, P. Ca. 494) and Lockwood v.

Atlantic Mut. Ins. v. Bird & Neilson

2 Bosw. 195 · The Superior Court of New York City · Dec 6, 1867

A vessel is wrecked, within thirty-five miles of her port of destination, a part of her cargo is washed ashore and piled on the beach, and all hands on board are lost. … Co. v. Unit. Ins. Co. 9 J. R. 186-191; Dunnett v. Tomhagen, 3 J. R. 154; Welch v. Hicks, 6 Cow. 504 .) In Dunnett v.

Anderson v. Lemon

6 Sandf. 552 · The Superior Court of New York City · May 10, 1851

In the cases of Lees v. Nuttall, 1 Russ. & Myl. 53, Taylor v. Solomon, 4 Mylne & Craig, 139, and Brown v. … In 'Brown v.

Savage v. Murphy

8 Bosw. 75 · The Superior Court of New York City · Mar 9, 1861

To these cases may be added Ogden v. Peters, ( 15 Barb., 560 ,) Woodruff v. Cook, ( 25 Barb., 505 ,) and Brown v. Mailler, (2 Kern., 118.) … Lord Kenyon, in Stevens v. Olive, (2 Brown’s Ch. R., 91, 1786,) held that a settlement after marriage in favor of a wife and children, made May, 1774, was good against a bond creditor of March, 1775.

Knobloch v. Zschwetzke

21 Jones & S. 391 · The Superior Court of New York City · Jun 10, 1886

Calvo v. Davies ( 73 N. Y. 211 ), decides one form of such a question, and it is unnecessary to add further authorities. … He ceased to have any right of action against the plaintiff, and the plaintiff ceased to be liable (Grow v. Garlock, 97 N. Y. 81 ; Hubbell v. Carpenter, 5 Barb. *397 520 ; Delaplaine v. Hitchcock, 4 Edw. 521 ; Brown v.

Morrison v. Lewis

17 Jones & S. 178 · The Superior Court of New York City · Apr 9, 1883

Possession of personal property alone and without explanation is evidence of ownership (Rawley v. Brown, 71 N. Y. 85). … In the case of Zabriskie v. Smith ( 13 N.

Wilcox v. Parmelee

3 Sandf. 610 · The Superior Court of New York City · May 25, 1850

In Muschamp v. … In Ackley v.

Petersen v. Swan

18 Jones & S. 46 · The Superior Court of New York City · Feb 4, 1884

hand and arm became worse so that when the vessel arrived at Batavia, in the island of Java, the same had become seriously diseased and in a highly dangerous and inflamed condition that the master detained the plaintiff on board … Roberts v. Johnson ( 58 N. Y. 613 ) followed this rule. In the present case, the duty is implied by the law-merchant, irrespective of the provisions of the shipping articles.

Carleton v. Darcy

14 Jones & S. 484 · The Superior Court of New York City · Dec 6, 1880

No court or officer can acquire jurisdiction by the mere assertion of it (People v. Cassels, 5 Hill, 165 ). … Green, and not by the board of commissioners of the sinking fund,, nor by the mayor, aider-men, &c. This lease has no validity and confers no title upon Darcy.

Albert v. Back

20 Jones & S. 550 · The Superior Court of New York City · Dec 7, 1885

inquiry. “ The question involved in the transaction is one of good faith, and where a party knows facts sufficient to put him upon inquiry he is supposed to have ascertained the extent of the rights claimed (Williamson v. … Brown, 15 N. Y. 354 ). “ When the summons was served upon the assignee the moneys covered .by the check still stood to his credit undrawn in the bank. He could have stopped its payment in an instant by a notice.

Lee v. Grinnell

5 Duer 400 · The Superior Court of New York City · Feb 15, 1856

In the Columbian Insurance Co. v. … (Rogers v. The Mechanics' Insurance Co., 2 Story’s Rep. 173.) Mr.

Weed v. Clark

6 Sandf. 31 · The Superior Court of New York City · May 25, 1850

The only authorities cited which appear to favor the plaintiff’s argument on this point,, are Manrow v. Durham, 3 Hill, 584 , and Curtis v. Brown, 2 Barb; Sup. C. R. 51. … The case of Manrow v.

Zimmerman v. German Evangelical Lutheran Immanuel's Church

11 Misc. 49 · The Superior Court of New York City · Jan 15, 1895

Smith v. Alker, 102 N. Y. 90 ; Kennedy v. Poor, 25 Atl. Rep. 119 ; Crouch v. Gutmmann, 134 N. Y. 45 ; Smith v. Brady, 17 id. 173 . … Byron v. Low, 109 N. Y. 291 ; Stewart v. Keteltas, 9 Bosw. 261 ; 36 N. Y. 388 ; Gay v. Haskins, 8 Misc. Rep. 626 ; 30 N. Y. Supp. 191 ; Sharpe v. R. R. Co., 6 Moak’s Eng. Rep. 597; Worms v. Mellier, Id. 868; Snaith v.

Zachrisson v. Ahman

2 Sandf. 68 · The Superior Court of New York City · Jul 27, 1848

.; Cummings v. Vorce, ( 3 Hill, 282 ;) Pierce v. Van Dyke, (6 ibid. 613;) and Stillman v. … Next, ■ it is insisted by the defendant, that the plaintiff as charterer of the vessel, was pro hac vice the owner, and could hold the cotton laden on board of her, and need not deliver it upon the bills of lading, -to the

Doyle v. Lord

7 Jones & S. 421 · The Superior Court of New York City · Jun 7, 1875

(Browning et al. v. Dalesme, 3 Sand. S. C. 13, a case between tenants in the same building, as to right to use of hatch and hoist-way, and of passage and light). III. … That decision ha.s not been authoritatively disturbed, and the principle has been frequently recognized and affirmed (Banks v. Am. Tract So. 4 Sandf. Ch. 438, 464; Mahan v. Brown, 13 Wend. 261 ; Picard v.

Lore v. Dierkes

16 Abb. N. Cas. 47 · The Superior Court of New York City · Dec 15, 1884

Brown ( 4 Johns. … Brown v. McDonald, 1 Hill Ch. 297 . Robinson v. Stewart, 10 N. Y. 189 (a well considered case, 1854). Creditor’s bill.