Case law

Bergman v. Wolff

33 N.Y. St. Rep. 499 · The Superior Court of New York City · Oct 30, 1890

Reference is made to such laws, not to affect or qualify the substance of the legislation or vary the terms of the act, but merely for the formal execution of the law.” People v. Hoyt, 7 Hun, 39 . … that a special statute applicable to a particular locality, and providing for a special purpose, is not repealed by the passage or amendment of a general statute, unless the intent to repeal or change the special law be clearly

Heartt v. Kruger

24 Jones & S. 382 · The Superior Court of New York City · Jan 7, 1889

made the boundary line of the lot conveyed, the wall becomes *386 a party wall; and that although the land covered by the party wall remains the several property of the owners of each half, yet the title of each owner is qualified … It is clear that it was never intended by the parties when the party wall was established, that the rights thus granted should produce that result.

Mayne v. Griswold

3 Sandf. 463 · The Superior Court of New York City · Apr 1, 1850

If the plaintiff had no right to come into a court of chancery at all, then the claim he now makes is clearly haired by the statute. … Manifestly, because the section was intended to qualify and restrict the general terms of section *484 forty-nine, and to apply a different rule to bills for fraud, whether they were cases of concurrent or exclusive jurisdiction

Wall v. East River Insurance

3 Duer 264 · The Superior Court of New York City · May 6, 1854

It is also assumed for the argument, that the word has, in some sense, a popular meaning, and that the evidence sought to be introduced will qualify or vary such meaning; and then the question is, is such evidence admissible … latter sense, without such reference to the subject matter itself, it would necessarily be understood; and the learned judge, in charging the jury, told them that the word should be taken in its largest sense, unless it was clearly

Gibson v. National Park Bank

17 Jones & S. 429 · The Superior Court of New York City · Dec 17, 1883

The plaintiffs insist that such fact is established, and, if not, that its existence is not essential to a recovery herein. … The attachment clearly, I think, speaks from the time of its service, and has no effect as to property absolutely acquired.

Bank of the State of New York v. Vanderhorst

1 Rob. 211 · The Superior Court of New York City · Nov 14, 1863

But in both these cases it was recognized that the pledgee had a special property in such choses in action, an. interest in the moneys to be collected coupled with the power of collecting, and the rule was established as … It- will be observed that any diversion of the note from its original purpose does not affect the question of ownership by the plaintiff, but only the bona fides of this transfer; that doctrine has been clearly settled not

Colegrove v. New York & Harlem Railroad

6 Duer 382 · The Superior Court of New York City · Feb 21, 1857

The same evidence that establishes the liability of one, on such a state of facts as the jury have found, establishes that of the other. … (I include all these facts in this proposition because they are all established in this case.)

Pollak v. Gregory

9 Bosw. 116 · The Superior Court of New York City · Dec 28, 1861

It clearly stands the test furnished by Mr. Chitty to discover whether any part of a contract be illegal, to wit, that the plaintiff requires no aid from the illegal part to secure his right to the legal. … Dempsey, (ubi sup.,) where the plaintiff was allowed to recover substantial damages, upon an agreement to attend on a trial and give information collected to qualify the defendant to become a witness.

Palmer v. De Witt

2 Sweeny 530 · The Superior Court of New York City · Dec 3, 1870

To establish this, and to explain what might otherwise be thought to be a disregard of the decisions of my own court, a somewhat lengthy statement of the case is necessary. … opinions of the learned judges in those cases, so far as it is intimated that a spectator may, upon witnessing the public performance of a play, rightfully commit it to memory, and then publish it to the world; and also from a qualified

Greene v. New York Central & Hudson River Railroad

65 How. Pr. 154 · The Superior Court of New York City · Mar 15, 1883

I have given you now in general outline the essentials which the plaintiff must establish before he can recover. … The burden or proof is upon him throughout and he must establish a case within the rules laid down by me by a preponderance of evidence.

Elze v. Baumann

49 N.Y. St. Rep. 629 · The Superior Court of New York City · Jan 3, 1892

To justify a nonsuit on the ground of the presence of contributory negligence or the absence of negligence, the facts must appear so clearly that no construction of the evidence, or inference drawn from the facts, would have … Co., 36 Barb., 230 , the court qualified this language bv holding it was negligence “ knowingly to allow ” a child of tender years to go at large in the public streets without a protector.”

Tucker v. Meeks

2 Sweeny 736 · The Superior Court of New York City · Dec 31, 1870

The difference between the provisions respecting the Westchester county property, and those relating to the Yew York property, clearly shows that the grantor intended the disposition to be made of the one, as entirely distinct … The doctrine was therefore established as to such cases, that as the grantor had made his grant he should not be allowed to subsequently destroy it. But the rule did not prevail where there was room for construction.

Fulton Bank v. Benedict

1 Hall 480 · The Superior Court of New York City · Feb 15, 1829

He not only observes an unbroken silence touching them, but so far as he was examined to the point, he denies and disproves \ that they enter into or qualify the contract. … If, then, Spencer is to be believed, his testimony establishes the defence Keeler was called to prove.

Wheeler v. Morris

2 Bosw. 524 · The Superior Court of New York City · Mar 6, 1858

He is seized, but that seizin is qualified by the outstanding interest of the mortgagee, and as against such mortgagee no act, conveyance, or marriage will operate to impair that interest. … The Mayor, (supra) forebore expressing an opinion on this question, Vice-Chancellor Ruggles clearly intimates that her right to redeem would not be affected by a foreclosure, in equity, to which she was not a party, and Mr

Gilman v. McArdle

65 How. Pr. 330 · The Superior Court of New York City · Jul 15, 1883

It clearly cannot be upheld as a trust for a charitable use. … On the other hand, it will be found that the trust purpose of the trust sought to be established by Mrs.

Woolsey v. Judd

11 How. Pr. 49 · The Superior Court of New York City · Mar 7, 1855

It is not necessary that we should decide it, since we are clearly of .opinion that the jurisdiction which, under the act of congress, the courts of the United States may have acquired, has not taken away or at all diminished … Curl, established as lawl It seems to us, that by the plain and necessary interpretation of his language, they are these :—First, That the receiver of letters has only a special or qualified property, confined to the material

Currie v. White

1 Sweeny 166 · The Superior Court of New York City · May 3, 1869

In this case the parties clearly expressed their intention that the title should pass. … They establish the following principles: I.

Elze v. Baumann

2 Misc. 72 · The Superior Court of New York City · Jan 15, 1893

To justify a nonsuit on the ground of the presence of contributory negligence or the absence of -negligence, the facts must appear so clearly that no construction of the evidence, or inference drawn from the facts, would … Co., 36 Barb. 230 , the court qualified this language by holding it was negligence “ knowingly to allow ” a child of tender years to go at large in the public streets without a protector.

Selden v. Vermilya

2 Sandf. 568 · The Superior Court of New York City · Jun 23, 1849

trustees, Noyes and Ogden, but if that power may now be exercised, in opposition to the wishes of the complainant, if it is now to be considered as a power that he is not at liberty to revoke, it is upon other grounds than by qualifying … We have indeed been told that the agreement only contains a covenant that the trustees shall sell, but we are clearly of opinion that the clause in question is more than a covenant.

People ex rel. Sharkey v. Kelly

7 Rob. 592 · The Superior Court of New York City · Dec 15, 1867

But this broad language is qualified by the following clause, contained in the section: “ But this provision shall not affect the act to abolish imprisonment, &e., passed April 26, 1831, or any act amending the same.” … act, the defendant is .exempted from arrest, and there is now no case in which a defendant is exempted from arrest by that act. *596 The argument is ingenious and forcible, and was ably urged; but there are several well established