Case law

McCullough v. Moss

5 Denio 567 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1846

Proof to establish such a fact is always difficult, and it is not just or reasonable to impose the necessity of furnishing it on a creditor. … Now the liability and the person to be sued are clearly fixed.

State v. Isam Daa's

29 Fla. Supp. 2d 204 · State of Florida Division of Administrative Hearings · Dec 17, 1987

The store was subsequently qualified as a WIC Program vendor. 6. On May 9, 1984, another visit was made to the store for the purpose of training. … If each purchase represented a separate offense, respondent would clearly be subject to disqualification.

Interbank of New York v. Fleet Bank

189 Misc. 2d 20 · Civil Court of the City of New York · Jul 17, 2001

Clearly, if Tasoulis had authorized Bell to issue the check with the notation “verbally authorized by your depositor,” in place of his written signature, the check would qualify as a negotiable instrument. … The checks contain the notation “verbally authorized by your depositor,” which qualifies as a signature.

In re the Estate of Jackson

138 Misc. 167 · New York Surrogate's Court · Oct 15, 1930

Unquestionably, a number of the positions which the court deemed established by the decisions reviewed were obiter, so far as that case was concerned. … The result, however, demonstrates the absurdity and unfairness to the intended beneficiary more clearly than mere words could do, showing the possibility, in certain cases, of a deduction of ten per cent from the income provided

Opinion No. (2007)

Oklahoma Attorney General Reports · Feb 14, 2007

The Wheless court noted that the plaintiff was not discharged "for refusing to act in violation of an established public policy, nor for acting consistent with an established public policy. … Special District Judges may still be terminated at any time, for no reason or any reason and even in bad faith, as long as the termination does not violate such a clearly established public policy mandate. III.

Opinion No. (2001)

Oklahoma Attorney General Reports · Oct 9, 2001

Such prior military service credit shall not apply to any person receiving military retirement benefits other than service-connected disability benefits established by either the military service or the Veterans Administration … consideration of the entire act clearly requires otherwise.

Brothers v. Branch Motor Express Co.

60 Misc. 2d 835 · Civil Court of the City of New York · Aug 1, 1969

Nevertheless the work performed by him during the first 9 months of his employment cannot be considered sufficient to qualify him as either an executive or administrative employee under the exemptions set forth in section … Reg., tit. 29, § 541.201) quite clearly state that job titles are insufficient as yardsticks.

Rudgayzer & Gratt v. Enine, Inc.

193 Misc. 2d 449 · Civil Court of the City of New York · Sep 30, 2002

The speech at issue in this cause of action is commercial, and therefore, the Court must apply the standard which is applicable to commercial speech.” 9 The Missouri court went on to state “advertisements by definition qualify … In looking for alternatives, or “less restrictive means,” the Missouri court notes that the establishment of a “no-fax” database, similar to the one in existence for telephone solicitations, would be less intrusive on First

Milano v. State

44 Misc. 2d 290 · New York Court of Claims · Oct 20, 1964

Woodberry (8 N Y 2d 165) a case clearly distinguishable from this one, there is no question but that the confession must be excluded as a hearsay record not binding on the defendant as an admission against interest. … Having given careful consideration to the afore-mentioned hospital entries and the testimony elicited from claimant’s highly qualified and credible medical witness, the court finds that on the evidence presented, viewed in

Surgicare Surgical v. National Interstate Insurance

46 Misc. 3d 736 · Civil Court of the City of New York · Nov 17, 2014

Plaintiffs allegation of no payment is flatly contradicted by the evidence and, thus, clearly erroneous. As such, plaintiff can only seek the unpaid portion on its $10,800 claim. … Secondly, to the extent that plaintiff claims defendant neglected to annex a qualifying affidavit from a medical coder to its initial moving papers, defendant later cured this defect in its reply papers by way of the affidavit

In re the Estate of Dettmer

177 Misc. 349 · New York Surrogate's Court · Oct 20, 1941

Subject to various specified express conditions, the balance of the principal was directed to “be paid over to the County of Miami, State of Ohio, or to such governmental authorities thereof as may be qualified to receive … His viewpoint is clearly mirrored in the language inserted in the will.

In re the Contested Will of Hamilton

1 Mills Surr. 366 · New York Surrogate's Court · Dec 15, 1899

A person wbo could not be interfered with by anyone in his lifetime as to the disposition of his property can, if mentally competent and free from undue influence, insure by his will virtually the same absolute immunity of … Gibson retired from her position as saleswoman in a mercantile establishment and came to live in Mr. Hamilton’s flat, there being no' other occupants.

Isoyev, Bobur v. Nippon Paint Automotive Americas, Inc.

2026 TN WC App. 7 · Tennessee Workers' Compensation Appeals Board · Feb 11, 2026

Specifically, the Panel explained the issue as follows: [T]he question before this panel is whether the “last day worked” rule should be applied where the evidence clearly establishes … a date prior to the last day worked where injurious exposure ceased, the testimony clearly establishes that no further deterioration of the employee’s condition occurred as a result

Mary K. Fisher v. Carroll County Assessor

74 N.E.3d 582 · Indiana Tax Court · Apr 11, 2017

Fisher challenges the final determination of the Indiana Board of Tax Review that established the assessed value of her real property for the 2012 and 2014 tax years. … must demonstrate to the Court that the Indiana Board’s final determination is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege or immunity

Tyson v. State

182 Misc. 2d 707 · New York Court of Claims · Aug 4, 1999

Finally, the Governor acknowledged as much in his Approval Memorandum of December 21, 1984: “The bill establishes detailed requirements for the filing of a claim” (1984 McKinney’s Session Laws of NY, at 3669 [emphasis supplied … It is abundantly clear that the Legislature, in drafting and enacting this statute, specifically added a series of qualifying provisions before one could commence an action against the State for unjust conviction and subsequent

In re Estate of Thorpe

15 N.Y. St. Rep. 704 · New York Surrogate's Court · Mar 30, 1888

Houghton his executor, who duly qualified; his widow, Eliza Thorpe, died July 4, 1887, and his said brother, William Thorpe, died October 16, 1887, of the age of nearly seventy-nine years, and had been a member of the testator … ” In determining this question the whole context of the will is to be considered, under the well established legal rule in construing wills, in order to arrive at the true intention of the testator.

In re McConnon

6 Mills Surr. 468 · New York Surrogate's Court · Jun 15, 1908

Hutchinson should be appointed such general guardian, and he was so appointed on February 18, 1908, and as far as it appears from the evidence before me he duly qualified as such guardian, collected the infants’ money and … Hutchinson as to his character and conduct, I am not satisfied from the preponderance of the evidence that the same have been established or proven.

In re the Estate of Skidmore

148 Misc. 569 · New York Surrogate's Court · Jul 13, 1933

Nothing could demonstrate more clearly that testator considered *581 as at least a possible contingency the death of his daughter before that of her paternal aunts and uncle. … This rule' is clearly stated in Dwight v. Fancher ( 245 N.

In re the Judicial Settlement of the Accounts of McCormick

4 Mills Surr. 507 · New York Surrogate's Court · Feb 15, 1905

This principle was established at a very early day. St. Matthew, xx, 9. … This might be clearly so -if the legacy was of a specified amount of money or of specific securities.

Burleson, Gary v. Doyle's Tire Service, Inc.

2017 TN WC 73 · Tennessee Court of Workers' Compensation Claims · Apr 11, 2017

By statutory definition, in order for a condition to qualify as an "injury," there must be an associated "need for medical treatment." Mr. … Burleson provided no other expert testimony to establish the article's authority.