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United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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6
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
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Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
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The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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18
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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23
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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24
Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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26
Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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35
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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45
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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64
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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70
This consolidated stockholder derivative action, filed in September 2016 in the Delaware Court of Chancery, challenged Tesla Motors' $2.6 billion acquisition of SolarCity Corporation as a conflicted transaction that amounted to a bailout of a struggling company at Tesla shareholders' expense. The central allegation was that Elon Musk, who held a significant stake in both Tesla and SolarCity and whose cousins Lyndon and Peter Rive ran SolarCity, orchestrated the merger to rescue SolarCity from financial distress while using Tesla as the vehicle to do so. Plaintiffs alleged that Musk and the Tesla board members who approved the deal breached their fiduciary duties to Tesla shareholders.
The litigation proceeded through years of discovery and motion practice before proceeding to a ten-day trial before Vice Chancellor Joseph R. Slights III in July 2021. The trial featured extensive testimony and expert analysis on whether SolarCity was financially distressed at the time of the acquisition, whether the deal price was fair, and whether Tesla's board acted independently given Musk's influence over it. Key witnesses included financial experts debating the valuation of SolarCity and the terms of the transaction.
Vice Chancellor Slights issued his post-trial decision in April 2022, ruling that while Musk was a conflicted controlling stockholder, the acquisition was entirely fair to Tesla shareholders and judgment was entered in favor of the defendants. Plaintiffs filed a notice of appeal to the Delaware Supreme Court in May 2022.
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71
Tesla shareholder Richard Tornetta filed this derivative lawsuit in June 2018 in the Delaware Court of Chancery challenging the massive compensation package granted to Elon Musk by the Tesla board in January 2018. The plan consisted of 12 tranches of stock options — each representing 1% of Tesla's outstanding shares — that vested upon the achievement of paired market capitalization and operational milestones over a ten-year period. Tesla itself disclosed that the plan's estimated fair value was .6 billion, and analysts projected it could eventually be worth over billion if the company continued to grow. Tornetta alleged that Musk, as Tesla's controlling stockholder and chairman, had improperly influenced the compensation committee and the full board, and that the package was not the product of a fair, arm's-length process.
In January 2024, Chancellor Kathaleen McCormick issued a landmark decision voiding the compensation package in its entirety. The court found that Musk was a controlling stockholder at the time the plan was approved, that the process by which it was negotiated and approved was deeply flawed and conflicted, and that the defendants had failed to demonstrate that the plan was entirely fair to Tesla shareholders. The decision drew international attention for its size and its implications for corporate governance of founder-controlled companies.
Following the ruling, Tesla's board put the compensation package to a shareholder ratification vote in June 2024, which passed with majority support. Proceedings continued in the Court of Chancery through late 2024 as the court considered whether the post-litigation shareholder vote could cure the defects identified in the January 2024 ruling.
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Treehouse Foods Inc., Sturm Foods Inc., and consumer plaintiffs including individuals and small businesses filed this antitrust MDL in the Southern District of New York before Judge Vernon Broderick in June 2014, alleging that Keurig Green Mountain Inc. used anticompetitive means to exclude rivals from the single-serve coffee market. The plaintiffs alleged Keurig redesigned its Keurig 2.0 brewer with a digital lock that prevented the use of competing unlicensed coffee pods, and pressured retailers and office coffee distributors into exclusivity arrangements — all to maintain its monopoly in the single-serve coffee system market.
The litigation consolidated competitor claims (from Treehouse and Sturm) with consumer class claims. The antitrust case raised novel issues about the intersection of product design, aftermarket tying, and monopolization under the Sherman Act. The case involved complex economic analysis of market definition and competitive effects.
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Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media.
Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
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More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
5870STATUTES-Tax Suits
9992MISC case matters requiring a judicial signature ie: letters rogatory jdgm dbtr exam
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All reporters › ad › Volume 49 Opinions in ad, volume 49
In the opinion which was written upon the decision of this case, and in the decision which was made, the court adopted as the basis of liability of the estate of W.… In re Estate of Gall Page 3 We agree with the learned surrogate that whatever right the petitioner had to have the affidavits mentioned in the motion disregarded *4and stricken from the record, his motion came too late, and for that reason should be denied.… We are of the opinion that the relator has mistaken his remedy, or that he has delayed its application until it is now too late to be of avail to him.… Opitz v. Hammen Page 6 This action was brought to obtain a judicial construction of the will of Frederick Hammen, deceased, and to have it adjudged and *7determined whether the plaintiff herein, as executor and trustee, took the real estate left by the decedent under his will as devisee, subject to the right of dower of the defendant Emma… Dorney v. O'Neill Page 8 On the first trial of this action the plaintiff recovered a verdict, but the judgment entered on it was reversed by the Appellate Division in the first department.… ■The action is for damages resulting from alleged negligence.… Hollingsworth v. Spectator Co. Page 16 The action is for libel. The decision rests upon the ground that the words used are not libelous per se.… The papers on this appeal disclose the following facts: On the 6th day of November, 1899, the action was commenced-by the service of a summons and complaint, to recover damages for personal injuries, alleged to be due to defendant’s negligence.… Degraw v. Erie Railroad Page 29 About seven o’clock in the evening of November 12, 1898, the plaintiff, a boy eleven years of age, while attempting to cross the tracks of the defendant’s road at Guymard, Orange county, was struck by a west-bound train and received serious injuries.… The plaintiff, a domestic corporation, sued the defendant, a resident of Yonkers, in the County Court of Westchester county.… Willmann v. Press Publishing Co. Page 35 The action was brought against the defendant as publisher of The World to recover damages for libel.… Harrington v. Strong Page 39 William Gorden authorized Stephen M. Hoye, an attorney, to commence a taxpayer’s action in his name, to restrain the East River Bridge Commission from purchasing the franchise owned by the East River Bridge Company for a bridge across the East river.… Kroner v. Reilly Page 41 The plaintiff, having recovered a judgment against the defendant in February, 1897, obtained an order for the examination of the judgment debtor in proceedings supplementary to execution on September 11, 1899.… The plaintiff, desiring to bring this action against the defendant,, for damages arising out of a personal injury, retained Mr. Alfred C.… Haulenbeek v. Hunt Page 47 The defendant, being the owner of the steam yacht Charavi, by written contract with the plaintiff, “ agrees to let ” her to him for “ fourteen days for seven hundred dollars, ($700), or fifty dollars per day ” (which was paid in advance), the defendant to deliver the boat in good order, with crew on board, and to pay… Walsh v. Gay Page 50 The action is for the recovery of broker’s commissions on an alleged contract for the sale of real property.… In re Estate of Weil Page 52 This is an application under section 2815 of the Code of Civil Procedure to compel a testamentary trustee to give security for the performance of his trust, on the ground that his circumstances are such that they do not afford adequate security to the persons interested in the estate for its due administration.… People v. Shanley Page 56 The evidence was amply sufficient to sustain the charge contained in the indictment and justified the conviction of the defendant thereunder.… Rommeney v. City of New York Page 64 The proof upon the part of the plaintiff tended to establish, and the jury were authorized to find, that the defendant city of New *65York was so far responsible for the condition which was created in the street as to constitute negligence upon its part in permitting the condition to exist, so that under the proof… People ex rel. Langdon v. Dalton Page 71 When this proceeding was before us on a former appeal we affirmed an order which denied the application for a mandamus without prejudice to relators’ right to institute a new proceeding.… It appears, without dispute, that when both parties • answered ready for trial, upon the call of the calendar, the case stood third for trial.… The defendant, a foreign corporation, was engaged in completing-a piece of contract work in the borough of Brooklyn which necessi*79tated the laying.of iron pipes in a trench.… Barker v. Archer Page 80 This court has held, upon the authority of Irwin v. Metropolitan Street R.… Lambrecht v. Pfizer Page 82 The defendants in this action were the proprietors of a manufacturing establishment in Brooklyn at the time of the accident complained of, and the plaintiff was employed in filling tubs with the chemicals produced and transporting them to various parts of the-building.… In re Tonatio Page 84 This proceeding was brought under the provisions of the Liquor Tax Law (Laws of 1896, chap.… Stuber v. Coler Page 88 We find no difficulty in concurring in the conclusion reached by the learned justice at Special Term, and, with the exception of the-suggestion that the justices in office were appointed by the Legislature, with the reasoning by which that conclusion is reached.… The appeals are wholly without merit. The relator, on the 12th day of January, Í 899, sued out a writ of habeas corpus to secure the •custody of his daughter, a minor, who, he alleged, was imprisoned and restrained of her liberty by Angelo Ciarcia, and by his son, the respondent, Vincenzo Ciarcia.… Turell v. Erie Railroad Page 94 The plaintiff sues for injuries alleged to have been received by-accident at the city of Middletown, in Orange county, on the 11th day of December, 1897.… In re Flanagan Page 99 The application for a liquor tax certificate was made by James Harris on the 21st day of April, 1899.… People ex rel. Strahan v. Feitner Page 101 Prior to June 1, 1898, the relator occupied the position of deputy tax commissioner in the department of taxes and assessments in the city of New York, and was in the enjoyment of a salary of $2,700 a year.… The order of interpleader in this case was improperly made.… People ex rel. Crane Co. v. Feitner Page 108 This case is distinguishable from People ex rel.… Leland v. Hearn Page 111 The action was brought by the administratrix of George Leland, deceased, to recover damages for his death, which, as is alleged, was occasioned by the defendants’ negligence.… In re Mayor of New York Page 114 We have here once more, though in another form, the questions which were presented in Matter of the Mayor, re One Hundred and Sixty-ninth Street (40 App.… Hammel v. Washburn Page 119 The demurrer here presents but a trivial point, and yet it seems to be well taken.… A moment’s consideration of the well-settled principles which control the granting of a writ of mandamus would seem to have been sufficient to convince the appellant that there was no merit in his appeal.… People ex rel. Croft v. Keating Page 123 The relator alleges that he is a veteran of the war of the Rebellion and that, being an assistant foreman in the department of high*124ways, at a salary of two dollars and fifty cents a day, he was, on the 30th of June, 1898, removed from that position and the position abolished, and that he was put to work as a… People ex rel. Kastor v. Kearny Page 125 The relator having passed a competitive examination for the place of senior clerk bookkeeper was the first on the eligible list of the *126municipal civil service commission for that place, and on the 12th of June, 1899, he received an appointment to the place of senior clerk in the department of public buildings… In re Scott Page 130 'The proceedings leading up to what should have been a hearing upon the merits of this case were characterized by several irregularities, arising largely from the failure to appoint a special guardian of the infants before any step was taken in the matter; but as these irregularities might have been corrected by… McLeod v. Hunter Page 131 At the close of the case each party asked for the direction of a verdict, and it was agreed that the court should take the.… McCreery v. Inge Page 133 The action is brought for an interpleader, the plaintiff alleging that in the month of November, 1899, he sold certain premises in the city of New York for the sum of $450,000; that each of the defendants claims to be entitled to a commission of one per cent *134upon- said sum for services or brokerage in having… Werner v. Padula Page 135 On the 18tli of April, 1899, the defendants leased to the plaintiff certain premises for one year from March 1, 1899, at the rent of $2,200 for the term, of which $1,200 was payable on the signing and delivery of the lease, $500 on the 15th of June, 1899, and $500 on the 5th of,July, 1899.… Werner v. Padula Page 136 On the 18th of April, 1899, the defendants leased to the plaintiff certain premises for one year from March 1, 1899, at the rent of $2,200 for the term, of which $1,200 was payable on the signing and delivery of the lease, $500 on the 15th of June, 1899, and $500 on the 5th of July, 1899.… On the 26th of May, 1899, an attachment in this action against the property of the defendant, a foreign corporation, was delivered to the sheriff of the county of New York, who served it by leaving a certified copy of the warrant with a notice that he attached the deposit of the defendant in the bank, with the cashier… Steinson v. Board of Education Page 143 The complaint alleges that in September, 1887, the plaintiff, then having a certificate of qualification to teach granted by the State Superintendent of Public Instruction, was employed as a first assistant teacher in one of the common schools of the city of New York at the salary of $1,728 a year, payable monthly… Termansen v. Matthews Page 163 This action was brought to foreclose a'mortgage of $2,000 on two pieces of land in the city of Hew York.… Robinson v. Vaughan Page 170 By the contract in suit the defendant agreed to pay to the plaintiff certain sums of money, and in addition assumed all the debts and obligations of the firm, then, but recently dissolved, of which the plaintiff had been a member, and moreover agreed to save and keep harmless the plaintiff therefrom.… Fidelity & Casualty Co. v. Wells Page 171 It is not necessary for the plaintiff to rely upon section 534 of the Code of Civil Procedure to sustain this complaint.… People ex rel. Fahy v. York Page 173 This is a certiorari to review the determination of the police commissioners in dismissing the relator from the police force of the city of New York.… Jones v. Frost Page 176 The complaint in this action was properly dismissed.… Holland House Co. v. Baird Page 180 This action was brought to recover for injury to the vault and walls of the plaintiff’s building, caused by alleged carelessness and negligence of the defendant’s servants while engaged in blasting rock in a trench in front of the plaintiff’s premises.… Clinch v. Henck Page 183 This is an appeal from an order granting a compulsory reference of this action on the ground that the trial of the issues necessarily involved the examination of a long account.… Wendt v. Walsh Page 184 This appeal is from a final order directing the distribution of surplus moneys arising from the sale under a judgment, in an action for the foreclosure of a mortgage on certain real property in the city of New York, the legal title to which, at the time the action was brought and at the time the judgment was entered… Haffner v. Schmuck Page 193 The complaint stated three causes of action: Fi/rst.… The action was brought to recover $o,000 damages for personal injuries sustained by the plaintiff through the alleged negligence of the defendant in operating one of its south-bound Broadway cable cars on the afternoon of April 20, 1897, at the Twenty-third street crossing.… Welsh v. Cornell Page 203 The plaintiff sued to recover damages for personal injuries sustained by him while in the employment of the defendant, and under the following circumstances: On September 25, 1895, he was engaged in carting iron beams and in unloading them at a storage yard of the defendant.… Van Valkenburgh v. Mayor of New York Page 208 I concur in the result arrived, at by Justice O’Brien, but upon somewhat different grounds.… John Weber & Co. v. Hearn Page 213 Six questions were stipulated for review before this court, only two of which present questions of law, the others being questions of fact, which cannot be considered, for the reason that it nowhere appears that the record contains all the evidence bearing on these disputed questions of fact, and, therefore, we have… People v. Reilly Page 218 The indictment was for a felony committed by the defendant in having in his possession on the 11th day of July, 1898 — he pre*219viously, in April, 1893, liaving been convicted of attempt to commit grand larceny — under circumstances evincing an attempt to use and employ tlie same in the commission of a certain crime… Cochran v. Sess Page 223 Although the contract of the defendants Sess related to the building of the foundation walls, their liability was 'sought to be fixed upon either or both of two grounds, namely, that not alone the foundation walls were themselves improperly constructed but that ■ they were placed upon a concrete bottom which was… In re Munn Page 232 The petitioner moved to set aside and annul an assessment for $2,236.71 for a sewer as levied and confirmed on December 15,1897, against his premises at 31 and 33 Broadway, and for a reapportionment and reduction thereof on the ground that substantial error had been committed by the board of assessors.… People ex rel. O'Connor v. Brady Page 238 The relator was appointed an inspector of buildings on the 15th of January, 1892, and was subsequently transferred from the fire department to the department of buildings.… Potter v. Morning Journal Ass'n Page 242 The action is for libel, the complaint alleging that the defendants published and circulated, and caused to be published and circulated, a copy or copies of a newspaper, entitled and called the Evening New York Journal, or the New York Evening Journal, and that the said newspaper published of and concerning the… People ex rel. Rossner v. Scannell Page 244 The relator in December, 1898, presented to the Supreme Court an application for a writ of mandamus founded upon a petition, in which he alleged that his name is now the only one upon the list prepared by the civil service commission of the city and county of New York, eligible for appointment to the position of… Union Associated Press v. Heath Page 247 The action was brought to recover damages for a libel which the defendant had published, the complaint alleging that the plaintiff, *248whose business was to collect news and furnish it to daily and other newspapers, had obtained such news from another corporation, (known as the Associated Press, engaged in the same… The situation in this case is peculiar and presents a question which depends upon the construction to be given to, and the binding force of, a judgment of the Supreme Court, to which attention will hereafter be called.… Havana City Railway Co. v. Ceballos Page 263 This action was commenced by the Havana City Railway Company, a corporation organized under the laws of the State of West Virginia, and Hugh Alexander, as trustee of the stockholders of the said company, as plaintiffs to enforce an instrument under which the defendant Ceballos undertook to hold, in accordance with the… Quinn v. Baird Page 270 In our view of this case there is no fact about which there is a substantial dispute, the only question being whether or not the jury were justified in drawing from the facts the inference that the defendant was negligent in the performance of any duty which he owed to the plaintiff’s intestate.… Manne v. Carlson Page 276 The action was brought to foreclose a mortgage to secure the payment of a bond executed and delivered by one Niels Toelberg to Elias Kempner.… In re Scharmann Page 278 The respondent presented to the surrogate a petition alleging that the petitioner’s assignor recovered a judgment against the appellant as administratrix in the City Court of New York for the sum of $2,020.50, no part of which has been paid, and asking that the administratrix be compelled to pay such judgment.… The New York Central and Hudson River Railroad Company- and the New York and Harlem Railroad Company, upon a verified petition, applied to the Special Term of this court to have vacated two assessments upon their property for local improvements, one amounting to §4,687.82 for regulating and grading, and the… Powell v. F. C. Linde Co. Page 286 On the 25th of March, 1899, the plaintiff, by an instrument in writing, bearing date on that day, leased to the defendant for the term of ten years and one month, commencing on the 1st of April, 1899, certain premises in the city of New York, at an annual rental of $12,000, payable quarterly, except the rent for the… Curban v. Flammer Page 293 This action was brought to recover damages for personal injuries alleged to have been sustained by reason of the defendant’s negligence.… Schnaier v. Nathan Page 298 This action was brought to foreclose a mechanic’s lien for a balance of $586.89, alleged to be due the plaintiff under a contract to do the work and furnish the materials necessary in plumbing defendant’s building.… Stokes v. Stokes Page 302 On the 18th of October, 1892, the plaintiff brought an action in the Superior Court of the city of New York to recover upon three promissory notes made by the defendant to the order of the plaintiff.… Snead v. Bonnoil Page 330 The action is for a false imprisonment. The defendant and one Cottrell, both police officers, arrested the plaintiff without a warrant.… Poillon v. Poillon Page 341 Each of these actions was brought to recover an installment due to the plaintiff upon an agreement made by the defendant to pay *342her $3,000 a year in monthly installments.… The primary relief sought in this action is the reformation of a certain conveyance, being one of a series of deeds, through which the title to the premises described in the complaint became vested in the defendant Shepard.… This action was brought to recover the amount of a draft drawn by the First National Bank of Denver, Col., on the defendant, payable to the order of A.… The appeal herein is “ from so much of the .order * * * entered * * * on the 27th day of February, 1900, as denies defendants’ motion to resettle the order of February 14th, 1900, by modifying the terms therein imposed.” We assume that what the defendant seeks is a modification of the terms imposed by the original… In re Charges against Goldberg Page 357 The respondent stands charged before this court with being guilty of “ deceit, malpractice and acts constituting a misdemeanor, as attorney and counselor at law.” The charges were brought to our attention by the petition of Michael E.… Putnam v. Henderson, Hull & Co. Page 361 In the order appealed from the receiver is directed to apply the rents and profits collected by him, “ first, to the reduction and extinguishment of the amount due to the plaintiff herein, and secondly, to apply any surplus * * * to the amount due said Henderson, Hull and Company.” The latter claimed by the terms of… It is quite true, as the appellant insists, that the paragraphs of the answer which are complained of are allegations of evidence and nothing else; and it is also true that to put such allegations in an answer is not good pleading, but the court does not strike out allegations for that reason only.… Crossett v. Carleton Page 367 Upon the 3d of November, 1898, an order was made herein, upon the plaintiff’s application, directing that a commission issue to examine witnesses on his behalf in California.… Kochmann v. Baumeister Page 369 The ground of the dismissal was that the complaint did not state facts sufficient to constitute a cause of action.… Morse v. Press Publishing Co. Page 375 This is an action for an alleged libel, which consists of an article concerning the plaintiff, published in The World.… This is an action for damages resulting from an injury to the plaintiff, alleged to have been occasioned by the defendant’s negligence.… Burgess v. House Page 383 The complaint sets forth a cause of action for goods sold and delivered.… There are twen.ty-two relators owning separate pieces of property.… In re Cutting Page 388 In the month of August, 1898, the trustee presented to this court his petition asking for leave to resign as such for reasons therein stated.… Lazarus v. Schröder Page 393 It is fairly to be inferred from the affidavits that the witnesses whose examination by commission is sought are not in the State of Hew York, but are now in the city of Amsterdam, Holland.… Goldner v. Goldner Page 395 The action was1 for a divorce. The defendant having answered, and an order of reference to hear and determine the action having been made, the hearing was had before the referee who found that the defendant was guilty of the offense charged in the complaint, and reported that the marriage should be dissolved.… Reade v. Continental Trust Co. Page 400 The plaintiff and the defendant Martha A.… Union Trust Co. v. Driggs Page 406 A motion for a discovery, made under General Rule of Practice No. 14 and section 803 et seq.… The plaintiff was in the employ of the defendant, working upon its pier, where he had been engaged for a long time.… This appeal was taken to determine whether the surrogate correctly admitted to probate a certain will executed March 23, 1880, by Charles C.… Letters of administration were issued to Bridget O’Neill upon the estate of Catherine Nolan, deceased, and upon a settlement of her accounts as such administratrix she made a claim against the estate *415for $706 “for the board and lodging and other expenses connected with the care of the deceased.” The next of kin of… It appeared that Lewis R. Blair died leaving an instrument which purported to be a last xvill and testament and which William Blair, the respondent, who was named therein as executor, presented for probate as the last will and testament of the deceased.… Havana City Railway Co. v. Ceballos Page 421 As we have sustained the demurrer to the complaint in this action interposed by one of the other defendants, decided March 9, 1900 (49 App.… Werner v. Franklin National Bank Page 423 The action was brought to have a resulting trust declared as to certain leasehold property, the title to which had been taken by one Charles Lewis, one of the guardians of the plaintiffs, in his own name, the consideration paid therefor having been a part of the estate of the infant plaintiffs.… Cornell v. Savage Page 429 The complaint alleges that one Alfred B. Stoney, Sr., being indebted to the plaintiffs, executed and delivered to them a, mortgage upon the steamboat Henry E.… Marshall v. Seelig Page 433 The action was brought to recover damages for fraud, the complaint alleging that the defendant, with intent to deceive the plaintiff and to induce her to enter into an agreement whereby the plaintiff agreed to take charge of and manage a dressmaking department to be opened in connection with the store of Seelig, Bruen… Castle v. Bell Telephone Co. Page 437 Several propositions are advanced and discussed with some degree of earnestness by the respective counsel in their briefs, but as they are all subsidiary to and dependent upon the right of a telephone company to place its appliances in or upon a public street of a populous and thriving city without making compensation… Saperstein v. Ullman Page 446 By the uncontroverted facts of this case, it appears that Amelia Ullman died at the city of Watertown in August, 1897, leaving a last will and testament, in and by which the defendant, her husband, was appointed sole executor.… Mann v. Retsof Mining Co. Page 454 The facts set forth in the foregoing statement were virtually uncontroverted upon the trial, and it was held by the learned trial court that they failed to establish a cause of action in favor of the plaintiff.… McCammon v. Shantz Page 460 The plaintiff brings this action to recover the amount claimed to be due upon a note for $3,750, made by the defendant to the order of one Francis C.… Whatever liability attached to the defendant by reason of its undertaking to furnish a search of the premises in question was ■undoubtedly a contract liability, which, in its nature and scope, measured and interpreted by the language of the certificate, amounted to a guaranty to the person ordering the search, his… The evidence contained in the record before us is clearly sufficient to support a finding that the defendant was guilty of negligence which contributed to the accident in question, for one of the plaintiff’s witnesses testified that he was riding upon the engine which was attached to the freight cars and that the… This action is brought to recover the amount alleged to be due upon a policy of insurance issued by the defendant upon the life of George II.… Hannon v. Cobb Page 480 The method adopted by the plaintiff to determine the amount due upon his mortgage is founded upon the theory that the association, having voluntarily transferred all of its property through the medium of a general assignment, has by that act deprived itself of the power' to mature the plaintiff’s stock at any time in… Whitney v. Queen City Ice Co. Page 485 This action is brought by the plaintiff to recover damages for the personal injuries sustained by him under the circumstances above detailed, .his contention being that the accident which caused such injuries was attributable to the negligence of the defendant in permitting the clutch which operated and controlled the… Deming v. Terminal Railway Co. Page 493 Upon the undisputed facts of this case it is clear that the placing of the embankment in question in the traveled part of a public highway over which hundreds of teams were passing daily, without taking the slightest precaution to warn or protect travelers who might have occasion to approach it on a dark night, was an… The direct cause of the plaintiff’s injury, the depositing of the contents of a wheelbarrow upon his head and shoulders, was confessedly the act of a coservant, which of itself did not, of course, create any liability upon the part of the common master.… Robinson v. Brown Page 508 The complaint in this action is divided into fourteen paragraphs, .covers fifteen pages of the printed record, and in form purports to state but a single cause of action.… People v. Corbett Page 514 The evidence given on behalf of the People tends to prove that in October, 1889, the defendant married one Sarah V.… Calhoun v. Calhoun Page 520 The defendant seeks to prevent a recovery in this case upon three grounds: 1.… People v. Mitchell Page 531 The sole contention of the defendant upon this appeal is that the indictment upon which he was tried and convicted does not allege that any element of the crime charged was committed within the county of Erie, and that, therefore, the grand jury of that county did not have jurisdiction to indict or the court to try… O'Reilly v. City of Syracuse Page 538 Assuming that all the facts bearing upon the question of defendant’s negligenee are as claimed by the plaintiff, we are of the opinion *539that she failed to establish a cause of action.… In re Estate of Spaulding Page 541 The sole question presented by this appeal is, were the gifts made by the decedent to his three children, aggregating $1,500,000, made in contemplation of death, within the meaning of the statute ?… .No question is raised upon this appeal as to the sufficiency of the petition, but it is urged that the statement made by the respondent and filed with the assessors on “ grievance day ” is insufficient, is not in compliance with law, and was and is wholly ineffectual for any purpose, because it is not verified as… For several years prior to the 24th day of January, 1896, the defendant J.… Savage v. City of Buffalo Page 577 Does the decision of the court rendered in the action brought by Jones against the defendant and these plaintiffs, and the judgment entered thereon, constitute a bar or defense to the cause of action set forth in the complaint ?… Smith v. Rowe Page 582 Section 501 of the Code of Civil Procedure provides as follows : “ The counterclaim specified in the last section must tend in some way to diminish or defeat the plaintiff’s recovery, and must be one of the following causes of action against the plaintiff, or, in a proper case, against the person whom he represents… The. plaintiffs are judgment creditors of the corporation defendant and have brought this action to obtain a judgment sequestrating its property in pursuance of section 1784 of the Code of Civil Procedure.… Elias v. City of Rochester Page 597 To the executive board of the city was commited the charge of the streets.… Russell v. Corning Manufacturing Co. Page 610 The action is brought to recover damages for breach of contract for failure to provide a furnace to heat the dwelling house of plaintiff in compliance with a written agreement.… Morgan v. Cowie Page 612 In 1896 an appraiser was appointed by the surrogate of Onondaga county to fix the fair market value of the estate which passed by the will of James H'ardie, deceased, with a view to the imposition of the transfer tax.… Glor v. Kelly Page 617 The plaintiffs were copartners in the business of manufacturing barrels in the city of Buffalo.… The plaintiff retained an attorney to prosecute an action against the defendant on a claim for damages for injuries to himself, and agreed to pay him “40 per cent, of any verdict or settlement secured in the said action or claim.” An action therein was commenced on July 25, 1899, and the defendant answered on August… Dietch v. Ford Page 630 There are only two exceptions in the record, and neither of them presents reversible error.… Everett v. Peyton Page 630 The appellant was the husband of Josephine L.… O'Connor v. Stevenson Page 630 The facts in this case are fully recited in an appeal, which was disposed of by the.… Clason v. Kehoe Page 631 The learned trial court aptly says, "The question of the liability of the defendants, and the extent of such liability, has been formally determined by the late general term of this court, when the case was before it on exceptions taken on a former trial of the action (see Clason v. Kehoe, 87 Hun, 368, 34 N.… Hecla Iron Works v. Milliken Page 631 This action was brought to foreclose a mechanic’s lien, the defendants setting up an equitable defense, al*194leging a mistake in the contract between plaintiff’s assignors and the defendants Milliken Bros.… Appleby v. Sewards Page 632 The defendants Samuel D. Sewards and Sophia Sewards, his wife, executed their joint and several bond to the plaintiff, as trustee, on the 5th day of August, 1896, to secure the sum of $18,000 and interest, which bond was accompanied by their mortgage as collateral security covering certain' real estate in the city of… This is an appeal by the defendants from judgments in two actions between the same parties, separate as to pleadings and property involved, but tried together and argued together in this court.… Burkardt v. Walsh Page 634 Interlocutory judgment affirmed, on the opinion of Mr. Justice JENKS at special term, costs to abide the final award of costs. Arkenburgh v. Little Page 636 Interlocutory judgment affirmed, with costs, on the opinion of Mr. Justice SCOTT at special term. In re Gorman's Estate Page 637 An order was made by the surrogate of New York county referring the accounts of the executrix of the will of John J.… Loeb v. Bien Page 638 This case coming on for trial before the court and a jury, counsel for the defendant moved for a dismissal of the complaint upon the ground that the action cannot be maintained, as chapter 354 of the Laws of 1899 “swept away all remedies existing prior to the act, without any saving clause.” The question as to the… Lorch v. Lorch Page 638 We think the questions of fact in this case were proper for the jury, and their verdict is not against the weight of evidence; but in view of the occurrences on the trial, and the charge of the court in relation thereto, we think the ends of justice require that there should be a new trial.… Cohen v. Levy Page 638 It is quite apparent from the history of this case, as shown by the plaintiff, that noi diligence was used in the conduct -of the action or in preparing it for trial.… Meyer v. Young Page 639 This action arises out of substantially the same transactions as those narrated in Schroeder v. Young (decided herewith) 63 N.… Saalfield v. Cutting Page 640 The plaintiff has persistently refused compliance with the orders requiring him to state whether he claims agreed compensation for performance, or damages by reason of his not having been permitted to perform.… Schroeder v. Young Page 640 But one definite cause of action is stated in the complaint.… The plaintiff, as the assignor of Homer M.… Freeman v. Rothschild Page 643 This action was brought to foreclose a mechanic’s lien filed by the plaintiff upon property situate in the city of New York, and known as the “Hotel Majestic.” The defendant Rothschild was the owner of the property.… The nature of this action and the relief sought by the plaintiff appears in the opinion of this court when this case was before us on the former appeals.… Mersereau v. Mersereau Page 647 We think the confession of the defendant competent evidence, and that it was sufficiently corroborated to sustain a finding in favor of the plaintiff.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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