Case law

Sands v. Codwise

4 Johns. 536 · Court for the Trial of Impeachments and Correction of Errors · Mar 15, 1808

discernment of the son, by parceling out and selling the estate, and to give him a reward commensurate to his exertions by those means; and yet as soon as the operation of selling commences, the father is admitted to be better qualified … This is clearly erroneous and unjust. He can never be called to account for acts done prior to his bankruptcy. If he could be made accountable for one year, he might be for his whole previous life.

People v. Arroyo

3 Misc. 3d 668 · Criminal Court of the City of New York · Mar 4, 2004

was first included in the laws *674 forbidding cruelty against animals in 1867 when the Legislature for the first time made it a crime to deprive “any living creature” of “necessary sustenance,” but that statute did not qualify … As the Court of Appeals held more than a century ago, “purely statutory offenses cannot be established by implication, and . . . acts otherwise innocent and lawful, do not become crimes, unless there is a clear and positive

Baker v. Paxton Media Group

North Carolina Industrial Commission · Sep 30, 2011

The parties stipulated to an accident report dated January 21, 2010, which documented an accident in which Plaintiff was rear-ended and was clearly not at fault. 25. Ms. … However, there is no expert testimony of record to establish that Plaintiff's mental health condition was more likely than not significantly caused or aggravated by the accident and/or its aftermath. 43.

Gabrielle Yablonsky v. Director, Division of Taxation

New Jersey Tax Court · Oct 20, 2017

You have failed to submit documentation that clearly substantiates that you filed or attempted to file on time. … Except as may be established by medical evidence of inability to file a claim, good cause shall not be established due to a claimant not having received an application from the director

City of Atlantic v. Ace Gaming, LLC

23 N.J. Tax 70 · New Jersey Tax Court · May 12, 2006

He also stated that rooms in the new additions were “clearly larger.” … The court takes judicial notice of the September 19, 1996 CCC transcript of the Sands’ licensing renewal hearing since transcripts of CCC hearings qualify as public records under the hearsay exceptions.

La Frombois v. Jackson ex dem. Smith

8 Cow. 589 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1826

But no such case is presented here; and the plaintiff, who seeks to avoid a title primos fade good, by some matter which entirely destroys it, is most clearly bound to establish that matter beyond controversy. … Ho one who has reflected upon the subject, and whose observation and experience qualify him to judge, but will sanction and applaud the *wisdom and policy of a statute, the object and obvious tendency of which is, to promote

Weston v. Dept. of Rev.

Oregon Tax Court · Jul 7, 2016

Plaintiff must establish his claim by a preponderance of the evidence, or the more convincing or greater weight of the evidence. Feves v. Dept. of Revenue., 4 OTR 302, 312 (1971). … Alternatively, Plaintiff maintains that he qualifies for the first circumstance in Revenue Ruling 99-7. (Id. at 4.)

In re the Probate of the Will of vom Saal

11 Mills Surr. 256 · New York Surrogate's Court · Nov 15, 1913

respects, competent to make a will and devise real estate, and was not under réstraint, and a decree will be entered, admitting the will to probate and ordering letters testamentary to be issued to the executors who may qualify … with all accumulations of interest thereon at their *262 majority and appointing executors, was: ‘Intrusting to their discretion the settlement of my affairs and the investment of my estate for the benefit of my heirs ’—clearly

Brakebush Brothers, Inc. v. Certain Underwriters at Lloyd's of London - Novae 2007 Syndicate Subscribing to Pol'y No. 93prx17f157

2021 NCBC 70 · North Carolina Business Court · Nov 1, 2021

Thus, Brakebush must establish that it was properly assigned the right by Raeford to collect the proceeds under each of the Excess Policies in order to establish standing for its declaratory judgment and breach of contract … Although one can argue that a provision that limits the right of assignment favors the insurer because it takes away a right the insured would otherwise possess, one can also argue that such a provision does not qualify

Maurer v. Slickedit, Inc.

2006 NCBC 1 · North Carolina Business Court · Feb 3, 2005

Maurer failed to establish that she reasonably relied and acted on that misrepresentation. … She has not established any damages or reasonable reliance.

In re the Estate of Philippe

31 Misc. 2d 191 · New York Surrogate's Court · Jul 26, 1961

His connection with the business was thus clearly stated. The form does not appear to call for any further statement of his connection with the enterprise. … The law governing applications of payments as between debtor and creditor appears to be firmly established. As expressed by Mr. Justice Story in United States v. Kirkpatrick (9 Wheat. [22 U.

Le Blanc v. Jackson

210 S.W. 687 · Texas Commission of Appeals · Apr 2, 1919

After her death he undertook to qualify as survivor in community of the estate of himself and his deceased wife, and caused to be prepared and signed an inventory, purporting to show the community property of himself and … As the execution of a deed or deeds is sought to be established by circumstantial evidence, all the circumstances must be considered, and they must at least render it probable that such deeds were executed.

Koch Measurement Devices, Inc. v. Armke

2015 NCBC 42 · North Carolina Business Court · May 1, 2015

The moving party bears "the burden of clearly establishing lack of a triable issue" to the trial court. N.C. Farm Bureau Mut. Ins. Co. v. Sadler, 365 N.C. 178, 182 (2011) (quoting N.C. Nat'l Bank v. … In order for information to qualify as a trade secret, G.S. § 66-152(3)(b) requires that the information be "the subject of efforts that are reasonable under the circumstances to maintain its security."

Walwyn v. Lane County Assessor

Oregon Tax Court · Mar 27, 2014

Even accepting Defendant’s contention that its records did not include a sketch or description of the garage, that is not sufficient to establish that the garage was omitted. See, e.g., Fox v. … In Miller, the barn at issue “was assessed at one time in the 1980s” and, for reasons that were not clearly explained, “the barn was not on the assessment roll or assessed for the tax years 1995-96 through 1999-2000.”

Baba-Ali v. State

24 Misc. 3d 576 · New York Court of Claims · Mar 16, 2009

(See Bacigalupo v Healthshield, Inc., 231 AD2d 538, 539 [2d Dept 1996] [plaintiff must “establish any diminution in earning capacity result(ed) from his injury”].) … Given the Commission’s clearly expressed intent of what a section 8-b damages award may be comprised, the court finds no place for a formulaic approach to its consideration of damages as defendant urges.

In re the Estate of Falise

20 Misc. 3d 894 · New York Surrogate's Court · Mar 31, 2008

The testator’s wishes are viewed as no more than advisory, particularly where, as here, the preferences are clothed in a layer of qualifying language giving the legatee unfettered discretion (Lawrence v. … Both Judith Braceo and Gregory Trowbridge are disinterested witnesses within the meaning of the law, whereas Paul clearly is not.

Kelly v. Metro. Life Ins. Co.

2022 NCBC 70 · North Carolina Business Court · Nov 14, 2022

Kelly represented that he was a qualified and sophisticated investor, (see, e.g., Kelly Dep. 86:1–86:5; 117:11–117:16), and that he understood the risk involved with the investments, (see, e.g., Kelly Dep. 198:17–198:22 … Siskey is listed in the packet as a principal of the Company, and the packet clearly discloses that he “has been the subject of various legal and administrative proceedings, none of which are (sic) considered to be material

Bognc, LLC v. Cornelius Nc Self-Storage LLC

2013 NCBC 26 · North Carolina Business Court · May 1, 2013

And, as guarantors on the Note, Plaintiffs assert that they qualify as creditors under N.C. Gen. Stat. § 26-3.1. … An indemnity provision in a contract would clearly give rise to an indemnification claim under the first basis.

Hough v. State

68 Misc. 26 · New York Court of Claims · May 15, 1910

Kirby stated to the claimant in substance the point they desired to establish, and said he had a copy of some of the testimony of the gas company’s expert, Mr. … The rule applicable to written instruments is very clearly set forth in Thomas v. Scutt, 127 N.

Ferrington v. Department of Revenue

Oregon Tax Court · Apr 28, 2014

Plaintiff has not sought to establish, nor has she established, a home office or principal place of business under IRC § 280A(c)(1). … Although most of Plaintiff’s meal receipts clearly show the date, time, place, and amount of the charge, a large number of the meal receipts either omit any stated qualifying business purpose or bear unexplained hand-written