Case law

Wilde v. Alfred & Louis Joel

15 How. Pr. 320 · The Superior Court of New York City · Jan 15, 1857

Brown, (16 Barbour, 325,) was the case of an injunction discharged by the dismissal of the complaint upon a trial, and judgment was docketed. … An injunction was obtained in Louisiana, upon the equity side of the circuit court, and an order was made that a bond be given v«rv "¿collar to the undertake ' .der the Code.

Phillips v. Taylor

17 Jones & S. 318 · The Superior Court of New York City · Nov 5, 1883

Co. v. Quintard (supra), held this to be the rule. … We think that the direction of the court in this case was in accordance with the rule as laid down in Hill v. Blake (See Brown v. Bowen, 30 N. Y. 541 ; Underwood v. F. J. S. I. Co., 57 Id. 506).

Merchants' Bank of New Haven v. Bliss

1 Rob. 391 · The Superior Court of New York City · Aug 15, 1863

(Corning v. McCullough, 1 Comst. 62.) … (In re Brown, 21 Wend. 316 . Theriat v. Hart, 2 Hill, 380 .) The present, therefore, must be held to embrace the same kind of penal actions as the former enactment.

Cheseborough v. House

5 Duer 125 · The Superior Court of New York City · Dec 15, 1855

(Hill v. M' Carthy, 3 Code Rep. 50 .) 2. The next question relates to the rent which Smith agreed to pay by the contract with the defendants. … Can the fact that she meant to go on and use the furniture, &c;, in keeping a boarding-house, in other words, in trading, make a difference ? I apprehend not. In The North American Coal Co. v.

Risley v. Smith

7 Jones & S. 137 · The Superior Court of New York City · Feb 1, 1875

In Alger v. Scott, 54 N. … (Field v. Mayor of N. Y. 6 N. Y. 184 . Parker v. City of Syracuse, 31 Id. 376. Hall v. City of Buffalo, 1 Keyes, 193 . Stover v. Eyclesheimer, 3 Id. 620).

Betts v. Bache

14 Abb. Pr. 279 · The Superior Court of New York City · Apr 15, 1862

Brown, 7 Barb., 80 ; Coggill a. Am. Ex. Bank, 1 N. Y., 113 ), or as they exist. (Ives a. Humphreys, 1 E. D. Smith, 196.) … V. The plaintiff has not even followed with precision the form which he attempted to adopt. VI. Judged under the Code, the complaint is bad. It must be remembered that before the enactment of 2 Eev.

In re City of Buffalo

39 N.Y. St. Rep. 281 · The Superior Court of New York City · Mar 10, 1891

People v. Smith, supra; Stuart v. Palmer, 74 N. Y., 183 . … Heyward v. City of New York, 7 N. Y., 324 ; Taylor v. Porter, 4 Hill, 143 .

Marine Bank v. Clements

16 Bosw. 600 · The Superior Court of New York City · Dec 4, 1858

The referee has found, that there was no vote of the board of directors authorizing the loan, which, this note, with others, was transferred to secure, .or for transferring the notes as collateral security. … (Life and Fire Insurance Co. v.

Phœnix v. Commissioners of Emigration

1 Abb. Pr. 466 · The Superior Court of New York City · May 15, 1855

In Rex. v. … (Baker v. Boston, 12 Pick., 184 ; Van Wormer v. The Mayor of Albany, 15 Wendell, 262 ).

Klein v. Klein

2 Jones & S. 48 · The Superior Court of New York City · Dec 30, 1871

This is an action for a separation from bed and board. By the common law a court- of equity had no jurisdiction to decree a separation or limited divorce (Perry v. Perry, 2 Paige, 501 ). … Nor do occasional outbursts of passion, from whatever cause, so long as they do not threaten bodily harm, present a ground for a limited divorce (Mason v. Mason, 1 Edw. 278 ).

Jennings v. Jennings

5 Sandf. 174 · The Superior Court of New York City · Jun 21, 1851

The authorities applicable to this, case, besides Hawley v. James, are Thompson v. Carmichael’s Executors, 1 Sand. Chy. R. 387; McSorley v. McSorley’s Executors 4 ibid. 414; McSorley v. Wilson, 4 ibid. 515: Field v. … Field’s Executors, 4 ibid. 528; Boynton v. Hoyt, 1 Denio 53 ; and Vail v. Vail, 7 Barb. S. C. R. 226.

Close v. Brady

54 N.Y. St. Rep. 330 · The Superior Court of New York City · Jul 14, 1893

See, also, Sanford v. Mickles, 4 Johns., 224 ; Northampton Nat. Bank v. Kidder, 106 N. Y., 221 ; 8 St. Rep., 621 . … Moss v. Averell, 10 N. Y., 459 ; Brown v. Torrey, 42 N. Y. Supr., 1; Perkins v. Hatch, 4 Hun, 137 .

Huff v. Knapp

3 Sandf. 299 · The Superior Court of New York City · Oct 20, 1849

plaintiff cannot recover in this suit against the chamberlain of the city, for services performed prior to the passage of the act of 1842 ; since the compensation for such services was, by the act of 1840, to be audited by the-board … In the case of Wheaton v.

Saurez v. Sun Mutual Insurance

2 Sandf. 482 · The Superior Court of New York City · May 12, 1849

(The American Insurance Company v. … The case of Hall v.

Brady v. Hutkoff

69 N.Y. St. Rep. 113 · The Superior Court of New York City · Jul 15, 1895

Paige, v. Willett, 38 N. Y. 28 ; Schreyer v. Mayor, etc., 39 Supr. Ct. Rep. 1; Donovan v. Board of Education, 44 id. 53 ; Quackenbos v. Edgar, 61 N. Y. 653 ; Dunham v. Cudlipp, 94 id. 134. … Field v. Knapp, 108 N. Y. 87 ; 12 St. Rep. 790 ; Milbank v. Jones, 141 N. Y. 340 ; 57 St. Rep. 429 ; Roemer v. Striker, 142 N. Y. 134 ; 58 St. Rep. 615 .

Peckham v. Van Wagenen

13 Jones & S. 328 · The Superior Court of New York City · Jun 13, 1879

In such a case the law does not imply a promise, on the part of the defendant, to refund the excess received to the plaintiff (Patrick v. Metcalf, 37 N. Y. 332 ; Butterworth *330 v. Gould, 41 Id. 450 ). … The case of Hathaway v. Town of Cincinnati is distinguishable upon the facts.

Hoadley v. Dumois

11 Misc. 52 · The Superior Court of New York City · Jan 15, 1895

City v. Campbell, supra. The judgment in the admiralty court proves that the steam *56 ship had a lien upon the cargo laden on board for the unpaid balance of charter hire due from the defendants. … Village v. Bank, 96 N. Y. 550, 557 ; City v. Montgomery, 72 id. 65; City v. Robbins, 2 Black, 418 ; Seneca Falls v. Zalinski, 8 Hun, 571 .

Harlem Gas Light Co. v. The Mayor, Aldermen & Commonalty of the City of New York

3 Rob. 100 · The Superior Court of New York City · Mar 4, 1865

(People v. Smith, 2 Abb. 33 . People ex rel. Beldon v. Contracting Board, Court of Appeals, Feb. 1865.) … Its “boards ‘of aldermen and councilmen and other Officers ” are, in the prevailing opinion in that cáse, declared to' be-' “as truly public officers as the boards of supervisors and sheriffs'and clerks of counties'.”

Crommelin v. New York & Harlem Railroad

10 Bosw. 77 · The Superior Court of New York City · Nov 29, 1862

The question arose in Birley v. Gladstone, 3 M. & Sel. R., 205. … The Court of King’s Bench held, that the carrier could not detain the goods either for the freight of such as was put on board and afterwards reclaimed by compulsion, nor for the dead freight, nor for demurrage. Ld.

People ex rel. Clarke v. Breen

21 Jones & S. 167 · The Superior Court of New York City · Apr 14, 1886

Mason, et al. v. McClave, 99 N. Y. 83 , the 39th section of chapter 335 Laws of 1883, was examined. … It was : “ The police department shall have for its head a board to consist of five persons to be known as police commissioners of the city of New York, who shall hold their office for six years, unless sooner removed, etc