Case law

Brooklyn Oil Refinery v. Brown

42 How. Pr. 286 · The Superior Court of New York City · Nov 15, 1871

Brooklyn Oil Refinery v. Brown

38 How. Pr. 444 · The Superior Court of New York City · Feb 15, 1870

Brown & Sons, one hundred and sixty thousand (160,000) gallons, crude petroleum, gravity 40-47, at eleven and three-quarters (Ilf) cents per gallon. To be delivered to bulk lighter at yard free of expense. … BROWN & SONS. Stamped and executed in the presence of H. C. Oblen, JBroToer. Terms cash.

Peck v. Brown

26 How. Pr. 350 · The Superior Court of New York City · Feb 13, 1864

V. C. R. 93 ; Strong agt. Skinner, 4 Barb. R. 552 ; Simmons agt. McElwain, 26 Barb. Rep. 417 .) The language of the authorities is, that, in a proper case, (Shepard agt. … V. C. R. 58.) The same rule prevails in favor of the husband. (Livingston agt. Livingston, 2 J. Ch. Rep. 537 ; Jaques agt. Metho. Epis. Ch. 17 John. Rep. 548 .)

Rockwell v. Brown

11 Abb. Pr. 400 · The Superior Court of New York City · May 15, 1871

The plaintiff, therefore, in order to establish his right to recover, should have proven the proceeding and the assignment under the same (Best v. Strong, 2 Wend., 319 ; Salters v. … Hoag v. Hoag ( 35 N.

Brown v. Windmuller

14 Abb. Pr. 359 · The Superior Court of New York City · Apr 15, 1873

The parties could so agree (Thurman v. Fiske, 30 How. Pr., 397 ; Code, § 313 ; Philbin v. Patrick, 22 How. Pr., 1 ). … In Shultz v. Whitney, 9 Abb. Pr., 71 , it is suggested that such affidavit be made by the referee himself.

Brown v. De Selding

6 Sandf. 10 · The Superior Court of New York City · May 25, 1850

The same point was decided in Rutherford v. Rutherford, 1 Denio, 38 . The testatrix in this case made no formal request to the witnesses. She appears to have been entirely silent. But when Mrs. De Selding stated to Dr. … (Nelson v. McGiffert, 3 Barb. Ch. R. 163; Remsen v. Brinckerhoff, 26 Wend. 332 .) In Doe v. Boe, 2 Barb. S. C.

Brown v. Twenty-Third Street Railroad

24 Jones & S. 356 · The Superior Court of New York City · Jan 7, 1889

Brown & Bros. v. Torrey

10 Jones & S. 1 · The Superior Court of New York City · Jan 2, 1877

company to make the notes ; but as he himself signed them as treasurer of the company, and thus held them out to the public as valid securities, *3 he is estopped from now setting up a want of power to execute them (Moss v. … The act of 1853 did not change the effect of the law of 1848 as regards the filing of the certificate (Boynto v. Andrews, court of appeals, not yet reported).

Ernst v. Brown Hoisting & Conveying Co.

54 N.Y. St. Rep. 260 · The Superior Court of New York City · Jul 14, 1893

Brown, John Trotter and De Wilton Skinner. … The substance of the evidence as to the soundness of this particular structure is as follows: Brown says: “ These same caps had been used in two previous places before shipping here; part of it in Ashtabula harbor and part

McGarry v. Board of Supervisors

1 Sweeny 217 · The Superior Court of New York City · May 14, 1869

The grounds upon which a reargument may be applied for are fully stated in the cases of Newell v. Wheeler ( 4 Rob., 190 ), and of Trinity Church v. Higgins (id., 372), and in the ease of Mount v. Mitchell (32 N. Y. … For, as was said in Trinity Church v. Higgins, supra, it would be indecorous to allow what would be substantially an appeal from one set of judges to another set of judges of the same Court.

McGarry v. Board of Supervisors

7 Rob. 464 · The Superior Court of New York City · Dec 31, 1868

Indeed, no such power is conferred upon the legal adviser himself, by the act of 1857, making the corporation counsel the legal adviser of the Board of Supervisors. … Having arrived at this conclusion, it is unnecessary to consider the further objections raised by the counsel for the board.

Donovan v. Board of Education

55 How. Pr. 176 · The Superior Court of New York City · May 15, 1878

Under that act the first board of education was organized. … Board of Health, 10 N. Y, 409; Brady agt. The Suprs., 10 id., 260 ).

Gardner v. Board of Health

6 Sandf. 153 · The Superior Court of New York City · Sep 28, 1850

The Board being composed of numerous members, its duties devolved mainly upon this committee. … This action is brought against the Board of Health, eo nomine, treating them as a corporate body. The first question which arises is, Is this Board such a corporation?

Donovan v. Board of Education

14 Jones & S. 565 · The Superior Court of New York City · May 3, 1880

The Board of Education was not the employer or responsible superior of the persons by whose negligence the accident occurred.

Brown v. St. Nicholas Insurance

2 Jones & S. 231 · The Superior Court of New York City · Mar 2, 1872

Co., 14 Peters, 99 : Parsons on Marine Ins. 555; Magoun v. N. E. Ins. Co., 1 Story, 164 ). … In the case of Hahn v.

Brooklyn Oil Works v. Brown

7 Abb. Pr. 382 · The Superior Court of New York City · Jan 15, 1869

The practice now is to swear that the defendant is advised and believes the witness to be material (M'Kay v. Marine Ins. Co., 2 Caines, 384 ; Chambers v. Handley, 3 J. J. Marsh., 98 ; People v. Vermilyea, 7 Cow., 369 ). … The special affidavit most exhibit, by a statement of facts the materiality of the witness (King v. Jones, 8 East, 31 ; Lord v. Cooke, 1 W. Black., 436; People v. Vermilyea, supra).

Brown v. Broadway & Seventh Avenue Railroad

18 Jones & S. 106 · The Superior Court of New York City · Feb 4, 1884

Y. 191 ; Belton v. Baxter, 54 Id. 245 ; Hart v. Hudson R. B. Co., 84 Id. 56). So far I have referred to the case as presented by theplaintiff, on the testimony of the witnesses produced on his behalf. … The preponderance of proof seems to me to be clearly that defendants’ car was not driven at any unusual or dangerous rate of speed, and that no negligence causing the accident is attributable to them (Crocker v.

Farmers' & Mechanics' National Bank v. Brown

10 Jones & S. 522 · The Superior Court of New York City · Jun 25, 1877

Brown, 14 Q. B. 496; Dows v. National Exchange Bank, 91 U. S. 618 ; Turner v. Trustees of Liverpool Docks, 6 Excheq. 543). An early case is reported in 3 Camp. 92, Barrow v. … Their broker knew that it was “Milwaukee No. 2,” that it was then afloat on a canal boat, and had not then been delivered to any consignee (Dows v. Perrin, 15 N. Y. 325 ; Bank of Toledo v. Shaw, 61 Id. 283).

Color Printing Attachment Co. v. Brown

5 Jones & S. 433 · The Superior Court of New York City · Jun 1, 1874

This ruling was clearly erroneous, as it *436 raised a collateral issue leading to a comparison between attachments -that were somewhat, but not exactly, alike (Gouge v. Roberts, 53 N. Y. 619 ). … Worrall v. Parmelee, 1 N. Y. 519 ; Williams v. Fitch, 18 N. Y. 546 . The decision in Murray v. Smith, 1 Duer, 412 , as shown in Wilmot v.

Dinsmore v. N. Y. Board of Police

12 Abb. N. Cas. 436 · The Superior Court of New York City · Dec 15, 1882

The Board of Police, and which can be fortified by the authorities cited by the learned counsel for plaintiffs. Campbell, Ld. Ch. J., in Emperor of Austria v. Day, 3 De Gex, F. &. … Maryland, 12 Id. 418; Walton v. Missouri, 91 U. S. 275 ; Henderson v. Mayor, &c. of N. Y., 92 U. S. 259 ; Chy Lung v. Freeman, Id. 275 ).”