Case law

Metropolitan Life Insurance v. Durkin

195 Misc. 1040 · New York Supreme Court · Jun 1, 1949

(Matter of Mahon v. Board of Education, 171 N. Y. 263, 266-267 .) In Porter v. Fletcher ( 153 App. Div. 470,472 , affd. 211 N. … Before we can have an extra or additional compensation there must be an amount fixed by contract or by law (Matter of Mahon v. Board of Education, supra).

Henkel v. Aschinger

167 Ohio Misc. 2d 4 · Court of Common Pleas of Ohio, Franklin County, Civil Division · Jan 11, 2012

Ross v. … Saxe v.

Davis v. Sims & Bates

1 Hill & Den. 234 · New York Supreme Court · Jul 1, 1843

We may say, as was said in Harvey v. Young (Yelv., 20, 21), where the action was founded upon a false affirmation of the value of a term, it was the plaintiff’s folly to give credit to such an assertion. (Dayley v. … J., 386; Ekins v. Tresham, 1 Lev., 102; Parley v. Freeman, 3 T. R., 54.) The rule of the civil law is the same. (Domat 85, book 1, sec. 11, pi. 12.)

People v. Fuller

156 Misc. 404 · New York Court of General Session of the Peace · Aug 14, 1935

Osborne v. Board of Supervisors ( 168 App. … to the particular office, board, or department In Buck v.

Walker v. Foster

69 Misc. 2d 400 · New York City Family Court · Feb 16, 1972

In view of the active and vigorous participation of these segments of the Board of Education “ establishment ”, the court will consider the controversy to be one between the respondent parents and Local School Board No. 15 … (See People v. Turner, 277 App. Div. 317 ; Matter of Zorach v. Clauson, 303 N. Y. 161 , affd. 343 U. S. 306 .) This requirement has been more than satisfied.

Majcher v. Bronder

22 Pa. D. & C.2d 218 · Pennsylvania Court of Common Pleas, Alleghany County · May 19, 1960

The questions herein involved arise under articles III and V of the said contract and the arbitration thereof is governed by the provisions of the Arbitration Act of April 25,1927, P. … Superior Ct. 91 ; Wirkman v. Wirkman Company, 392 Pa. 63 ; Aster v. The Jack Aloff Company, 190 Pa. Superior Ct. 615 .

Collins v. Heffernan

187 Misc. 165 · New York Supreme Court · Aug 13, 1946

This is an application to set aside the action of the Board of Elections declaring invalid the designating petition of Charles A. … Insofar as the petitioner seeks to set aside the action of the Board of Elections it is based on the fact that the Board of Elections did not have the right to seek evidence of facts not appearing on the face of the petition

Sowers v. Ohio Civil Rights Commission

20 Ohio Misc. 115 · Trumbull County Court of Common Pleas · Oct 3, 1969

The correlative of ‘employee.’ ” In the case of Marting v. … Beliable, probative and substantial evidence has been defined by the court in the case of Ohio Real Estate Commission v.

Hook v. Kenyon

9 N.Y.S. 40 · New York Supreme Court · Feb 11, 1890

Brooks v. Schwerin, 54 N. Y. 348 . … Reynolds v. Robinson, 64 N. Y. 593 . “A married woman owes no duty to her husband * * * to carry on any business in his house or elsewhere for the purpose of earning money for him.” Coleman v. Burr, 93 N. Y. 30 .

Shields v. Martin

21 Misc. 2d 1023 · New York Supreme Court · Feb 10, 1960

The board’s determination of the 1955 application is determinative of this application unless there has been a change of circumstances. (Matter of Caper v. Parker, 271 App. Div. 839 .) … Whether there has been a sufficient change to give the board power to consider a new application is primarily for the determination of the board in the first instance (Ellsworth Realty Co. v. Kramer, 268 App.

People ex rel. Powott Corp. v. Woodworth

172 Misc. 791 · New York Supreme Court · Nov 22, 1939

Co. v. Woodbury, 133 App. Div. 503 ; affd., 201 N. Y. 532 .) No application to the board of assessment review having been made or required, it was unnecessary to join the board as a party. … Co., v. Board of Commrs. (supra). The provision was not re-enacted that a board or body could not be joined in its associate or official name unless an action would he against it.

People ex rel. Bailey v. Supervisors of Greene

12 Barb. 217 · New York Supreme Court · Dec 1, 1851

That board met on the Tuesday following the election, and organized according to law. … (The People v. Stevens, 5 Hill, 631 , n. a, per Kent, C. Judge.) The motion for a peremptory mandamus must therefore be denied. Harris, Parker and Wright, Justices.]

In re Bensel

124 N.Y.S. 716 · New York Supreme Court · Dec 15, 1909

Many trains are run during the summer season on this Ulster & Delaware Railroad, and there is a large livery at Brown’s Station near Olive Branch which can be easily induced to send a rig to Olive Branch, the station in question … This land is in the heart of the Catslcill boarding house and hotel region noted for its health-giving properties.

Harrington v. Libby

6 Daly 259 · New York Court of Common Pleas · Dec 31, 1875

Brown, 65 Barb. 107 ), and in an action for an accounting, like this, the pendency of a former action may be pleaded in abatement, although the plaintiff in the second suit asks extended relief (Ward v. … Smith, 26 Barb. 316 ; Ray v. Van Hook, 9 How. Pr. 427 ; Isenhart v. Brown, 2 Edw.

Pedersen v. J. F. Fitzgerald Construction Co.

173 Misc. 188 · New York Supreme Court · Feb 1, 1940

(Browning v. City of Waycross, 233 U. S. 16, 22 .) … Justice McReynolds said (at p. 510), “ We think the recited facts clearly show local business separate and distinct from interstate commerce within the doctrine announced and applied in Browning v. Waycross, 233 U.

Torpey v. Williams

3 Daly 162 · New York Court of Common Pleas · Dec 15, 1869

the tug or barge was licensed by them (Murphy v. … The Commissioners had no authorized agents on board of the tug.

In re Investigation of the Financial Affairs

59 Misc. 388 · New York Supreme Court · May 15, 1908

Village of Fort Edward v. Fish, 156 ET. V. 363. … La Canandaigua v. Hayes, 90 App.

Rice v. Caldwell

201 Misc. 952 · New York Supreme Court · Oct 22, 1951

It should be pointed out the plaintiff board is also constituted a body corporate by sections 1804 and 1701. (Schoen v. Board of Educ., Cambridge Central School Dist., 274 App. Div. 682 [3d dept., 1949].) … (Deering v. Reilly, 167 N. Y. 184 [1901].)

Groad v. Jansen

13 Misc. 2d 741 · New York Supreme Court · Apr 11, 1958

The letter dated December 17, 1957, addressed to the superintendent of schools, requesting that petitioner “ be examined in accordance with the By-Laws of the Board of Education ” is not a report within the meaning of section … The legislative intent to protect employees of the board of education from needless harassment, while overcoming the effect of the holding in Matter of Board of Educ. of City of N. Y. v.

Zimmerman v. Kramer

29 Misc. 2d 413 · New York Supreme Court · Jun 29, 1961

In Sima v. Board of Stds. & Appeals ( 278 App. Div. 785 [2d Dept.]) the landowner was not joined at all; and in Perri v. Zoning Board of Appeals ( 283 App. Div. 818 [2d Dept.]); Matter of Douglaston Civic Assn. v. … Others have clearly held that the only indispensable party defendant or respondent is the board or agency whose determination is to be reviewed (Second Ref. Church v. Board of Adjustment, 30 N. J. Super. 338; Tod v.