Court Cases

Dockets from the federal courts, the state courts and the agencies, with every filing PlainSite has been able to collect. Start with what people are reading this month, watch filings arrive, or browse by state, type, year or reporter.

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562,174
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The hundred cases PlainSite readers opened most in the past 30 days.

2
Illinois Northern District Court · No. 1:93-cv-04483 · 2,200 views
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
New Jersey District Court · No. 2:33-av-00001 · 581 views
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
7
District Of Columbia District Court · No. 1:23-cv-01816-BAH · 414 views
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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11
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.
13
California Court of Appeal · No. G062810 · 250 views
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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16
Massachusetts District Court · No. 1:11-cv-12000-RBC · 180 views
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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20
Arizona District Court · No. 2:02-cr-00477 · 166 views
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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22
New Jersey District Court · No. 1:33-av-00001 · 153 views
23
New York Southern District Court · No. 1:15-cv-07433-LAP · 153 views
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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24
New York Southern District Court · No. 1:07-cv-11277-RJS · 152 views
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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27
Georgia Northern District Court · No. 1:10-mi-88888 · 140 views
32
Massachusetts District Court · No. 1:22-cr-10325-FDS-27 · 118 views
33
California Central District Court · No. 2:07-cv-08310-BRO · 117 views
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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34
Florida Southern District Court · No. 0:12-cv-61742 · 116 views
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
Florida Middle District Court · No. 8:11-cv-01224 · 95 views
46
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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49
51
New Jersey District Court · No. 3:33-av-00001 · 83 views
60
Minnesota District Court · No. 0:26-cv-01606-KMM-ECW · 76 views
62
Court of Chancery of Delaware · No. 2022-0613-KSJM · 75 views
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
New York Southern District Court · No. 1:16-cv-07673 · 73 views
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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65
Court of Chancery of Delaware · No. 12711-VCS · 72 views
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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67
Georgia Northern District Court · No. 1:17-mi-99999 · 71 views
69
New Jersey District Court · No. 1:23-cr-01035 · 70 views
70
Court of Chancery of Delaware · No. 2018-0408-KSJM · 69 views
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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72
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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78
California Northern District Court · No. 3:24-cv-04647-MMC · 63 views
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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79
Texas Southern District Court · No. 1:26-cv-00485 · 63 views
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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80
New York Eastern District Court · No. 1:07-cv-04672-NGG-PK · 62 views
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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95
Washington Western District Court · No. 2:16-cv-00435 · 56 views
AMA Multimedia, LLC, a Nevada-based producer of adult video content, filed this copyright infringement lawsuit in March 2016 in the Western District of Washington against Spankbang.com and its operator, Nivun PTE Ltd, a Singapore-incorporated company. AMA alleged that SpankBang — one of the largest pornographic tube websites — was hosting and distributing AMA's copyrighted video content without authorization, generating advertising revenue from the infringement at AMA's expense. The complaint asserted claims for direct copyright infringement and sought damages and injunctive relief. The case was part of a broader wave of litigation by adult content producers against tube sites that aggregate user-uploaded videos, many of which include professionally produced content uploaded without the rights holders' consent. Establishing jurisdiction over foreign-operated websites and piercing corporate structures to identify liable parties were recurring challenges in such cases. The case settled confidentially.
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99
A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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100

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 9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo

All reporters › ny-st-rep › Volume 24

Opinions in ny-st-rep, volume 24
24 N.Y. St. Rep. 1 · 10 views
The policy was issued in this state and was a valid, policy under chapter 80 of the Laws of 1840; and the sole matter for our determination is the construction and effect to be given to the language contained in the policy.…
24 N.Y. St. Rep. 4 · 4 views
The claim of the defendant is that there was no appearance on his part by Adams as required by section 421 of the Code, and that, therefore, his appearance by -&-was sufficient, and he was not in default.…
24 N.Y. St. Rep. 6 · 15 views
By the bonding act of 1869 the defendant was transformed from a mere political division of the state, with limited corporate powers, into a municipal corporation with power to borrow money on an extensive scale and to invest it in the stock or bonds of such railroad company as a majority of its taxpayers, representing…
24 N.Y. St. Rep. 16 · 9 views
This action was brought to recover damages alleged to have been sustained by breach of warranty in the sale by the defendant to the plaintiffs of a quantity of antelope skins, and the plaintiff recovered.…
24 N.Y. St. Rep. 20 · 1 views
The action was brought to recover damages for injuries which the plaintiff alleges he sustained through the action of the defendants in selling the plaintiff an instrument or tool which the plaintiff alleges the defendants knew was dangerous and unfit for use.…
24 N.Y. St. Rep. 21 · 1 views
This is an appeal taken by the plaintiff from a judgment of this court, overruling his demurrer to the defendant’s answer.…
24 N.Y. St. Rep. 24 · 0 views
The plaintiff, while walking on the sidewalk of the Bowery, immediately under the track of defendants’ elevated railroad, was struck by a heavy piece of metal, which fell from one of defendants’ cars, passing above.…
24 N.Y. St. Rep. 27 · 2 views
Although the notice of appeal states that the defendant appeals from the judgment and from the order refusing to grant a new trial made after the verdict was rendered, yet the case does not contain any such order.…
24 N.Y. St. Rep. 28 · 3 views
This is an appeal taken by the plaintiff from a judgment against him on dismissal of his complaint.…
24 N.Y. St. Rep. 29 · 2 views
This action was brought by the plaintiffs to recover $831.67 for commissions earned by their intestate, Gerhard Henry Koop, under a certain contract with the defendants for the prosecution and collection of certain claims of the defendants.…
24 N.Y. St. Rep. 31 · 4 views
One of the issues presented by the answer was whether Joshua Adams, on the 10th February, 1869, was of unsound mind.…
24 N.Y. St. Rep. 36 · 4 views
Appeal from a judgment entered on a decision of a special term, and heard in this court on a case which contains all of the evidence.…
24 N.Y. St. Rep. 38 · 4 views
The main question on this appeal is whether the appellant, as superior landlord of the premises, is liable for the improvements and repairs made on them under contracts with her lessee.…
24 N.Y. St. Rep. 40 · 1 views
On the 21st July, 1873, the appellants recovered a judgment against the respondent in a district court for $112.65.…
24 N.Y. St. Rep. 43 · 4 views
The action was brought by the plaintiff, as administratrix of Anders Swenson, to recover damages occasioned by the death of said Swenson through the alleged negligence of the defendant.…
24 N.Y. St. Rep. 49 · 3 views
We are unable to agree with the learned judge of the court below that the defendant should be refused a bill of particulars because the an*520swer, or so much of it as sets up new matter in avoidance, does not “give color” to the plaintiff.…
24 N.Y. St. Rep. 52 · 4 views
This action was brought by plaintiff to foreclose a mechanic’s lien, and he made the defendant Rudolf, the defendant the Hopkins & Dickinson Manufacturing Company, and others parties as subsequent lienors.…
24 N.Y. St. Rep. 54 · 4 views
This action is brought to obtain an accounting from the defendants Seymour for moneys charged to have been unlawfully drawn by them *649from the plaintiff corporation while acting as trustees and officers thereof; also that an account may be taken of moneys loaned by defendant James M.…
24 N.Y. St. Rep. 57 · 2 views
We have carefully examined the testimony in this case, and think it fully supports the findings of the learned referee who tried the case, and we think the reasons given by him in his opinion conclusive on the merits of the action.…
24 N.Y. St. Rep. 60 · 8 views
This action was brought by the plaintiff, a subcontractor, against the appellant, Catharine Taylor, the owner, and the lienors above mentioned, to foreclose a mechanic’s lien.…
24 N.Y. St. Rep. 64 · 0 views
The following opinion was written at Special Term: The relator who, for more than ten years prior to January 1, 1888, had served as justice of the Supreme Court in the fourth judicial district, having been last elected to said office at a general election in 1875, and entered upon the term of fourteen years from that…
24 N.Y. St. Rep. 70 · 6 views
The defendants, for some time prior to Febnary 13, 1879, were copartners doing business as bankers.…
24 N.Y. St. Rep. 74 · 3 views
This action was brought to recover one-half of the losses sustained by reason of a forfeiture of a subscription on joint account for §200,000 of the bonds of the Hew York,.…
24 N.Y. St. Rep. 77 · 5 views
This action was brought upon an undertaking executed by the defendants to enable one Patrick Lynch to appeal to the General Term of the Supreme Court from a judgment entered against him in favor of one Daniel Sourwine.…
24 N.Y. St. Rep. 81 · 7 views
The defendant was organized as a corporation about the year 1879, and its purpose was to construct and operate an elevated railroad in the city of Brooklyn.…
24 N.Y. St. Rep. 88 · 2 views
We see no ground for reversing the surrogate’s decree.…
24 N.Y. St. Rep. 89 · 3 views
Upon the evidence the justice’s court was authorized to find, .and we presume did find, that the defendant, who was one of the members of the musical organization, and co-owner with the plaintiffs of the musical instrument, took and carried away the instrument without any intention of returning it to the band…
24 N.Y. St. Rep. 90 · 2 views
There was no sufficient evidence of duress to go to the jury.…
24 N.Y. St. Rep. 91 · 1 views
The special term struck out the defendant’s answer as sham, and directed judgment thereon as frivolous.…
24 N.Y. St. Rep. 93 · 1 views
It snowed on Thursday; rained on Friday; froze on Saturday night.…
24 N.Y. St. Rep. 94 · 0 views
Gorham, the plaintiff’s assignor, had a contract with the defendants, whereby he was given the exclusive privilege for six months from December 12, 1887, subject- to be revoked by a notice of 80 days, to sell a certain iron-making establishment of the defendants for $125,000, upon a commission of $5,000.…
24 N.Y. St. Rep. 96 · 3 views
When the second mortgagee pays the interest of the first mortgage in order to protect his own security, we suppose he may “tack” the amount thus paid to his own mortgage, whenever he forecloses, if there be no intervening equity.…
24 N.Y. St. Rep. 98 · 1 views
There is no doubt that the suicide of the deceased would be a defense.…
24 N.Y. St. Rep. 101 · 0 views
The right of the defendant to change her attorney cannot be disputed, and the only question is as to the terms upon which her former attorney shall be suspended.…
24 N.Y. St. Rep. 102 · 1 views
Section 779 of the Code of Civil Procedure speaks of “costs of a motion, or any other sum of money.” This language does not apply to the costs of an appeal from an order granting a new trial on the merits.…
24 N.Y. St. Rep. 103 · 2 views
Hussey v. Coger, 20 N. E. Rep. 556, is a case in which the-place where the plaintiff’s intestate worked was made dangerous only because of the negligence of his fellow-workman above him.…
24 N.Y. St. Rep. 104 · 5 views
We think that under chapter 269, Laws 1880, the writ was properly issued, and that it should not have been quashed either as against the assessors or as against the comptroller.…
24 N.Y. St. Rep. 108 · 7 views
The appellant has no grievance. She is simply directed to pay a portion of the income of the trust-estate in her hands to the plaintiff, the wife of the defendant Charles Thompson, instead of paying it to Thompson himself.…
24 N.Y. St. Rep. 110 · 3 views
The plaintiff, a child of the age of seven years, was playing on the sidewalk, in the evening of December 2G, 1883, in front of the premises occupied by the defendant, on Degraw street, in this city, when the wooden awning over such sidewalk fell by the weight of the snow, and she thereby sustained injuries, and to…
24 N.Y. St. Rep. 111 · 1 views
All the questions presented by the records in this ease have already been passed upon by this court, except the point that the notice of sale was not served upon the mortgagee of the lands sold for taxes.…
24 N.Y. St. Rep. 111 · 0 views
The plaintiff, in the complaint in this action, alleged that on or about April 19, 1886, she deposited with the defendant the sum of $1,284.56 by delivering to him a check for that amount, drawn to her order and indorsed by her, on which check the defendant collected the said sum, and that on or about May 1, 1887…
Bon v. Watson Page 113
24 N.Y. St. Rep. 113 · 2 views
This action was brought to recover the rent of a house on ' Union street, in this city, from August 1, 1887, to May 1, 1888, and the defendant, in his answer, admitted that he leased the same for one year from May 1, 1887, and alleged that he continued in possession until about August 1st, when he moved out, for the…
24 N.Y. St. Rep. 114 · 2 views
The relator, Louis Ullrich, a patrolman, on June 29,1888, was dismissed from the police force of this city for a violation of rule 114 of the regulations of the department, which reads as follows: “CXIY.…
24 N.Y. St. Rep. 116 · 2 views
There is no accommodating rule of practice that permits a plaintiff to proceed to trial but half prepared to meet a defense intelligently pleaded, and, if victorious, retain the verdict in his favor, but, if defeated, make his want of preparation ground for a new trial simply because the defeat was unexpected, and…
24 N.Y. St. Rep. 118 · 3 views
This is an action for the conversion of certain articles of furniture.…
24 N.Y. St. Rep. 120 · 2 views
There is no statute requiring a non-resident plaintiff to file security for costs, except that contained in sections 3268 and 3269 of the Code, which are limited, in their application to this court, as follows: “A plaintiff in an action brought in the court, who has an office for the regular transaction of business in…
24 N.Y. St. Rep. 122 · 2 views
The plaintiff and defendant were guests at a shooting festival of the Independent German Schutzen Corps, held on the 28th of June, 1887, at Lion brewery.…
24 N.Y. St. Rep. 123 · 3 views
The defendant urges that the objection that a check is not legal tender was waived by the plaintiffs, as it was not refused by them on that ground, and that the plaintiffs in like manner assented to the correctness ■of the amount offered.…
24 N.Y. St. Rep. 127 · 5 views
In considering the reasons for the enactment of the statute of frauds, it seems to us that one of the main objects to be accomplished was to do away with the making of contracts by mere word of mouth.…
24 N.Y. St. Rep. 129 · 3 views
The parties evidently contemplated that by the transfer of the lease, with the written consent of the landlord, the tenants would be relieved from further liability, and that ICoclc and Beauerman, as assigneesr would be substituted thereto; for the agreement signed by the defendant as-surety was made to George W.…
24 N.Y. St. Rep. 131 · 1 views
The only question before us is whether Clinton F.…
24 N.Y. St. Rep. 140 · 4 views
Appealfromajudgmentdismissingthecomplaint, withcosts, entered on a nonsuit, and heard in this court on a case which contains all of the evidence.…
24 N.Y. St. Rep. 144 · 0 views
The court of appeals has held that John Wilkinson must pay to the receivers the rents and profits accruing from the subject of the fraudulent grant while he was in possession of it.…
24 N.Y. St. Rep. 154 · 5 views
Appeal by both parties from a judgment entered on a decision of a special term, and heard in this court on a ease which contains all of the evidence, exceptions to the decision by both parties, and requests preferred by the plaintiff, pursuant to section 1023 of the Code of Civil Procedure.…
24 N.Y. St. Rep. 160 · 6 views
Appeal from an order of the special term, denying plaintiff’s motion for judgment on the grounds (1) that the respondent’s answer is sham, (Code Civil Proc.…
24 N.Y. St. Rep. 163 · 2 views
Appeal from a judgment entered on a verdict, and from an order denying a motion for a new trial made on the minutes and heard in this court on a case which contains all of the evidence.…
24 N.Y. St. Rep. 165 · 1 views
The cause of action of the plaintiff, as presented at the trial, was based on an instrument reading as follows: *246$1,029 13 “Oneida Community, one note, dated June 1, 1880, 1,429 10 One note on the State Bank of Oneida, - 220 00 One note of Bobert ICloek, - 400 00' One note, William Siver, - 100 00 One note, George…
24 N.Y. St. Rep. 169 · 2 views
Appeal from a judgment entered on the decision of a special term, dismissing the complaint, with costs, which is heard in this court on a case containing all of the evidence.…
24 N.Y. St. Rep. 171 · 1 views
On May 31st, 1888, James Kelly obtained an order vacating as against him, and on terms which were complied with, the *28' judgment entered against him by default, and leaving the judgment standing as against the guardian of his estate, the defendant Charles A.…
24 N.Y. St. Rep. 172 · 2 views
This is an appeal from so much of a judgment as awards costs in the action to the plaintiffs, and from a certificate granted by the trial justice, certifying that the title to real estate came in question on the trial.…
24 N.Y. St. Rep. 173 · 1 views
This is an appeal from a judgment in favor of the plaintiff, rendered in *63accordance with the verdict of a jury, directed by the learned trial judge on the pleadings in the case.…
24 N.Y. St. Rep. 176 · 3 views
—Upona former appeal, which was by the plaintiffs, the case did not contain the evidence, but only the facts found by the trial judge, and his conclusions of law thereon.…
24 N.Y. St. Rep. 177 · 2 views
The action was for damages from alleged negligence of defendant’s servants.…
24 N.Y. St. Rep. 178 · 0 views
Plaintiff is a corporation duly organized under the act of 1848 for the incorporation of benevolent, charitable, scientific and missionary societies, and the objects stated in the certificate of the plaintiff’s corporation are, the gratuitous medical and surgical relief of the poor of the city of New York.…
24 N.Y. St. Rep. 179 · 2 views
The uncontroverted evidence shows that plaintiff’s intestate, a married woman, was injured in property by an intoxicated person, or in consequence of the intoxication of.…
24 N.Y. St. Rep. 185 · 1 views
The only ground taken on the argument, as a reason for reversal, wasi that the complaint unites causes of action which do *12not affect all the parties under section 484 of the Code of Civil Procedure, which declared, after union of causes had been allowed by the previous section, “ But it must appear upon the face of…
24 N.Y. St. Rep. 187 · 2 views
The action was upon a joint liability on contract.…
24 N.Y. St. Rep. 188 · 3 views
The action was brought" by the plaintiffs, as owners of" shares of stock in the Suspension Bridge & Erie Junction Railroad Company,, whose railroad connected the- Erie Railroad at Buffalo with the Great Western!…
24 N.Y. St. Rep. 194 · 0 views
This action was brought to recover upon a promissory note given by the defendant to one Harry O.…
24 N.Y. St. Rep. 196 · 4 views
This action was brought upon a contract by which the defendants agreed to purchase the property of Stransky, Reiman & Aarons at a price named.…
24 N.Y. St. Rep. 198 · 3 views
This action was brought to recover damages sustained by the breach of an alleged warranty of the defendant made upon the sale of certain shares of stock of the Maryland Union Coal Company to the plaintiff.…
24 N.Y. St. Rep. 204 · 2 views
We are of the opinion that the judgment in this case should be affirmed, for the reasons stated *205in the decision in the case of Masterson v. Boyce, handed down herewith.…
24 N.Y. St. Rep. 205 · 6 views
This action was brought to set aside an assignment for the benefit of creditors made by the defendants Emanuel Salomon and Henry Adler to the defendant Gustav Salomon.…
24 N.Y. St. Rep. 205 · 0 views
We are of the opinion that the judgment in this case should be affirmed, for the reasons stated in the decision in the case of Masterson v. Boyce, handed down herewith.…
24 N.Y. St. Rep. 207 · 2 views
The relator was appointed a patrolman in 1856.…
24 N.Y. St. Rep. 210 · 0 views
The verdict was recovered for the damages considered by the jury to have been sustained by the plaintiff for a personal injury on the 3d of January, 1887.…
24 N.Y. St. Rep. 214 · 1 views
The object of the action was to procure a sale and disposition of real estate, and the application of its proceeds, and of money already received, to the payment of assignments and charges alleged to have been created against 47per cent, of the property.…
24 N.Y. St. Rep. 229 · 0 views
The motion to vacate the judgment was made in part upon the ground of irregularity, founded upon the fact that it had been entered without application to the court.…
24 N.Y. St. Rep. 230 · 0 views
By the order from which the appeal has been taken the sum of $500, in addition to the costs, was allowed to the plaintiff in the action ; and, as the suit was brought for the benefit of all the parties to it, in order to secure a settlement of their rights before a distribution of the fund or property should be made…
24 N.Y. St. Rep. 231 · 2 views
By the judgment which has been' recovered there was allowed to the appellant his commissions as trustee upon the proceeds of the property recovered in the action.…
24 N.Y. St. Rep. 233 · 1 views
The points which have been presented in support of this appeal have so far been considered and disposed of in the appeal taken by the heirs from the judgment, as to render it necessary to add but little for the disposition of this appeal.…
24 N.Y. St. Rep. 234 · 0 views
The appellant loaned to the defendant Chambrun $10,000 on the 31st of August, 1881, and in consideration thereof he assigned and transferred to her all his right and interest in and to the fees, and such moneys as should become due for services or compensation, in an action in the circuit court of the United States…
24 N.Y. St. Rep. 236 · 1 views
This action ivas brought to recover for a cause of action arising in the state of Missouri.…
24 N.Y. St. Rep. 238 · 1 views
The testator made and executed his will on the 18th of August, 1887, and died on the 29th of the following month.…
24 N.Y. St. Rep. 240 · 0 views
The only question before us is one of fact.…
24 N.Y. St. Rep. 241 · 0 views
In June, 1886, the relator was president of the board of health, an office established by the consolidation act relating to the city of Yew York, and consequently an officer of the corporation.…
24 N.Y. St. Rep. 244 · 3 views
This action was. brought to recover the amount paid by the plaintiff to satisfy an assessment imposed upon her property for con*49structing sewers in the boulevard.…
24 N.Y. St. Rep. 245 · 5 views
By the judgment in the action the plaintiff was adjudged entitled to recover the possession of land situated on Fourth avenue, near One Hundred Twenty-Sixth street, in the city of Yew York.…
24 N.Y. St. Rep. 251 · 2 views
The only material point to be decided in this application is, what was the date of death of the intestate.…
24 N.Y. St. Rep. 252 · 3 views
There is no contradiction as to the facts developed upon the trial, and they seem to have been as follows: That the plaintiff was the widow of one John Luhrs, and the defendant was his sister; that the Supreme Lodge, Knights of Honor, was a benefit and charitable organization organized under the laws of Hew York…
Work v. Beach Page 256
24 N.Y. St. Rep. 256 · 3 views
It may not be at all necessary to add anything to the opinion of the court below, which satisfactorily, and we think conclusively, disposes of the questions raised upon this appeal.…
24 N.Y. St. Rep. 260 · 2 views
This action was brought by the plaintiff, a manufact•uring company, against its former treasurer, to recover damages for the indorsement made by him in plaintiff’s name of a promissory note which he negotiated to an innocent purchaser for value.…
24 N.Y. St. Rep. 263 · 0 views
The plaintiffs are importers of diamonds, carrying on business in the city of JSTew York.…
24 N.Y. St. Rep. 265 · 0 views
On the 1st of July, 1887, the defendant Meyer Freeman was the owner in fee of certain premises in the city of Hew York, and on that day entered into a contract in writing for the sale of the property.…
24 N.Y. St. Rep. 267 · 3 views
The proof upon the whole case is sufficient to support the findings that the deed was given as a mortgage.…
Clark v. Coe Page 269
24 N.Y. St. Rep. 269 · 4 views
The goods in question belonged to Susan J.…
24 N.Y. St. Rep. 270 · 1 views
The circuit judge correctly charged the jury that when a master engages an inexperienced servant, especially if of tender years and presumed ignorance, and places him in a place of latent or obscure danger, it is the duty of the master to instruct the servant how to do the work and at the same time be on his guard…
24 N.Y. St. Rep. 271 · 0 views
The only question on this appeal is one of fact.…
24 N.Y. St. Rep. 272 · 3 views
The village of Tarrytown, an incorporated village of the state, in 1888 opened John street from its northerly end to Main street.…
24 N.Y. St. Rep. 273 · 2 views
This appeal is from an order appointing a commission, upon the petition of another land-owner on John street.…
24 N.Y. St. Rep. 274 · 1 views
There is no evidence returned in this case, and it must therefore be assumed that sufficient evidence was given to support the verdict of the jury, based upon a charge of selling intoxicating liquors on Sunday.…
24 N.Y. St. Rep. 275 · 2 views
This is an appeal from an order of the county court of Westchester county striking out portions of the answer of the defendant in this action which is pending in that county court.…
24 N.Y. St. Rep. 278 · 0 views
On the 19th day of January, 1887, the defendant gave a written lease to the plaintiff of premises described therein as follows: “All that certain house and lot known as the * Island View Hotel,’ for the term of five years from the 1st of April, 1887.” The hotel building is a double house, with a veranda in front, and…
24 N.Y. St. Rep. 279 · 1 views
The reargument in this case was ordered because the judgment did not provide for the repairs and improvements made by Mrs. Rogers, and for interest paid by her on a prior mortgage, and for moneys paid for insurance.…
24 N.Y. St. Rep. 280 · 1 views
This action was begun originally against Charles B.…
24 N.Y. St. Rep. 281 · 1 views
The language used does not relate to the plaintiff’s trade or calling, and is not actionable per se.…
24 N.Y. St. Rep. 284 · 2 views
The theory of the defense was that the goods were obtained by Cohn (the plaintiff’s assignor) from Tillmans & Co., by fraud; that they were received by Cohn five days prior to his general assignment, and were not paid for; that neither the plaintiff nor defendant were bona fide purchasers of the goods, within the full…
24 N.Y. St. Rep. 286 · 1 views
The plaintiff, as a manufacturer of tiles and fire-brick, undertook to furnish tiles and fire-brick that would withstand the heat of the furnaces used by the defendants as glass manufacturers, and the tiles and firebrick were to be made skillfully, and of extra materials.…
24 N.Y. St. Rep. 287 · 3 views
The distinction between a warranty and a representation is that the former is contained in and forms part •of the contract, and must be complied with, whether material to the risk or not, while the latter is outside of the contract, and is immaterial, whether it is true or false, unless material to the risk.…
In re Wilkes Page 292
24 N.Y. St. Rep. 292 · 4 views
It is fortunate for the administration of justice that but few cases of this kind have found their way into the books, which would indicate that such conduct on the part of attorneys is exceptional, and not general.…
24 N.Y. St. Rep. 295 · 1 views
A party should no more be compelled to continue a litigation than to commence one, except where the substantial rights of other parties have accrued, or injustice would be done by permitting a discontinuance, and we have failed to discover any substantial reason why the plaintiff’s motion to discontinue, on payment of…
24 N.Y. St. Rep. 296 · 2 views
The plaintiffs are agents for Elston & Balston, manufacturers in England.…
24 N.Y. St. Rep. 297 · 0 views
The defendant, a corporation, is sought to be charged as indorser of two promissory notes held by the plaintiff.…
24 N.Y. St. Rep. 298 · 2 views
The plaintiff sued for $475. The defendant admitted the debt, and pleaded a counter-claim of $146, the existence of which was disputed by the plaintiff.…
24 N.Y. St. Rep. 299 · 0 views
The question presented on this appeal is whether Wynnett was the servant of the defendant, and while engaged in his master’s business, and acting within the scope of his employment, assaulted the plaintiff.…
24 N.Y. St. Rep. 300 · 0 views
In the complaint it is alleged that in September, 1886, the plaintiff and defendant (a domestic corporation) entered into co-partnership for the term of one year, in the business of dealing in second-hand sugar bags; that plaintiff was entitled to one-fourth and the defendant to three-fourths' of the profits; that…
24 N.Y. St. Rep. 301 · 0 views
The relator, a patrolman, on. June 1, 1888, was dismissed from the police force of this city by Police Commissioner .Bell, for violation of rule No. 136 of the regulations for the government of the force, which reads as follows: “In case of fire, burglary, riot, or other emergency, the sergeant, roundsman or patrolman…
24 N.Y. St. Rep. 303 · 0 views
It is claimed by the counsel for the appellant, that the items sued for on the first lease should have been disallowed, for the reason that the acceptance of the second lease should be deemed a surrender of the prior one, and operated as a waiver of the breach of covenant.…
24 N.Y. St. Rep. 305 · 2 views
This action is brought to recover the sum of $1,150, for which amount it is claimed the defendant, as one of the directors of the American Opera Company, limited, has become liable under the statute, by reason of his having, as such director, joined in the annual report of the -corporation made in January, 1887, which…
24 N.Y. St. Rep. 314 · 3 views
There is no doubt as to the authority of the court to direct a plaintiff’s attorney to disclose his client’s address, but the power should be exercised during the pendency of the action, and while the relation of attorney and client actually exists.…
24 N.Y. St. Rep. 315 · 1 views
Eor the purpose of maritime liens and the like, a vessel is treated as a legal entity, and demands are at times enforced against it for which the owner could not be charged in personam.…
24 N.Y. St. Rep. 318 · 4 views
The defendant being in default for want of an answer, the plaintiff’s attorneys have therightto enter judgment for $75, (the amount claimed,) with costs, and enforce it to the extent of the costs.…
24 N.Y. St. Rep. 319 · 0 views
This is a petition by the ancillary administrator of decedent for the discovery of property under sections 2706-2714 of the Code.…
24 N.Y. St. Rep. 322 · 1 views
The importance of the question which must be decided now and which has been so ably argued on both sides, with the extraordinary and unusual amount of industry which has been employed by both sides in attempts to ascertain the true rule which governs the rights of the parties here, can hardly be magnified, because it…
24 N.Y. St. Rep. 329 · 1 views
This was an accounting by trustees of a specific trust created by the will of the decedent for the benefit of an insane son.…
24 N.Y. St. Rep. 332 · 0 views
Paper offered for probate bequeaths various articles of household furniture and plate, and a gold watch, the whole being of inconsiderable value, to her son, the proponent, her grandson, and two daughters, and to-Dr. Darlington, her attending physician, and gives the residue of her property to her grandson, Peter B.…
24 N.Y. St. Rep. 341 · 7 views
The comptroller objects to the confirmation of the report of the appraiser in this matter, upon the ground that the appraiser failed to report as subject to taxation a.bequest of §500 to the executors in trust, to be used for masses for the repose of her soul and that of her husband, and claims that such bequest was…
24 N.Y. St. Rep. 343 · 0 views
This is an appeal from a compulsory order of reference made upon the theory that the trial of the action will involve the examination of a long account.…
24 N.Y. St. Rep. 344 · 2 views
The policy of the law is that where parties have, respectively, claims against each other arising out of contract, the person owing the larger sum shall not be required to pay any greater amount than the difference upon which the demands will be extinguished.…
24 N.Y. St. Rep. 345 · 2 views
Sarah Gray died in June, 1883, at her residence in Riverhead, Suffolk county.…
24 N.Y. St. Rep. 347 · 1 views
This action was commenced in equity to obtain relief from a-so-called “penalty” provided in a contract between the parties, and to recover a sum of money.…
24 N.Y. St. Rep. 352 · 5 views
This contention involves the construction of section 30, tit.…
24 N.Y. St. Rep. 356 · 3 views
By paragraph 3287 of the Code a motion to tax the fees of a sheriff should be made within the county.…
24 N.Y. St. Rep. 357 · 4 views
This action is brought to recover for injuries suffered in consequence of the defendant’s negligence.…
24 N.Y. St. Rep. 359 · 2 views
Whether the engineer, after the discovery of the peril, used reasonable diligence to avert it, was a question properly submitted to the-jury, and their verdict must be controlling.…
24 N.Y. St. Rep. 360 · 2 views
The evidence makes out no cause of action, and the plaintiff was properly nonsuited.…
Baker v. Hart Page 362
24 N.Y. St. Rep. 362 · 3 views
The plaintiffs are lessees of certain lands in the county of Boekland, under a lease which gives them the exclusive right to the demised premises, and the sole and exclusive right to quarry and remove stone therefrom during the term of 10 years.…
Doe v. Doe Page 364
24 N.Y. St. Rep. 364 · 4 views
A single act of adultery is such a violation of marital obligation as to justify a decree of divorce.…
24 N.Y. St. Rep. 366 · 2 views
The signature, “Robert Shaw Oliver, Superintendent, ” although placed under the printed word “Witness,” was plainly the signature of an officer of the defendants, and intended to bind them.…
24 N.Y. St. Rep. 369 · 1 views
The complaint is in behalf of the general assignee for the benefit of creditors of Sheldon & Lawlover, assignors and copartners, to recover from the executor of Augustus Sherman, deceased, the value of certain partnership property and accounts, which before the general assignment the partners assigned and transferred…
24 N.Y. St. Rep. 371 · 3 views
The trial court found, in substance, that the relators had no valid contract with the board of supervisors, under which they sought an audit at the alleged contract price, and now seek by mandamus to compel such an audit.…
24 N.Y. St. Rep. 374 · 1 views
One Harmon Dunckel, about a year or so before his death, obtained a policy of insurance on his life, payable to Elizabeth Dunckel, his mother, defendants’ testatrix, to whom he was indebted.…
24 N.Y. St. Rep. 375 · 4 views
The decree was a final settlement made on a hearing of this petitioner.…
24 N.Y. St. Rep. 377 · 4 views
The contract was in the name of the husband, but, as the wife was the undisclosed owner, if the husband was in fact acting as the agent of his wife, it was competent for the plaintiffs to file their notice of lien and proceed against her.…
24 N.Y. St. Rep. 378 · 2 views
It is not necessary to discuss at large the facts of the case at bar, or the right of the plaintiff to recover, this right having been heretofore adjudicated upon by the general term.…
24 N.Y. St. Rep. 380 · 0 views
On September 18, 1882, the plaintiff held a lease of pier 40 from the city of New York, to expire May 1, 1887, which lease contained a privilege of renewal for five years on the plaintiff’s giving ninety days’ notice of his desire to avail himself of that privilege.…
Watson v. Coe Page 383
24 N.Y. St. Rep. 383 · 1 views
This is one of several actions against stockholders of the American Opera Company, (Limited,) to recover of the several defendants the amount of the plaintiff’s claims against the company.…
24 N.Y. St. Rep. 384 · 1 views
The plaintiff is a judgment creditor of the Illinois & St. Louis Bridge Company, upon whose judgment an execution has been returned unsatisfied.…
24 N.Y. St. Rep. 388 · 2 views
An interlocutory judgment was entered in this action in the month of June, 1886, directing that the premises be sold by James Rear*606ney, as referee, and that the proceeds of such sale, after paying incumbrances and expenses of the sale, be paid to the plaintiff, and to the defendant Boche as trustee.…
24 N.Y. St. Rep. 390 · 1 views
The following, opinion was rendered on dismissal of complaint: In actions for the specific performance of a contract to convey land, granting the relief asked for, rests in the discretion of the court, and if for any reason the contract is unfair or unreasonable, or in consequence of the relation of the parties to the…
24 N.Y. St. Rep. 396 · 0 views
Bespondents’ learned counsel is correct in claiming that the will and codicil are to be construed together, as though the language thereof was contained in one instrument.…
24 N.Y. St. Rep. 404 · 1 views
The comptroller objects to the confirmation of the appraiser’s report, upon the ground that the appraiser has failed to report, as subject to taxation, a legacy of $500 “ to the Missionary Congregation of St. Paul, the Apostle, in the city of New York, known as the ‘ Paulist Eathers, ’ ” and asks to have such legacy…
24 N.Y. St. Rep. 405 · 2 views
The referee has found that the legacies given to the contesting legatee, who is one of the executors, and to the niece of the testator, draw interest respectively from a year from the time that letters testamentary were issued, and not previously.…
24 N.Y. St. Rep. 406 · 0 views
This is an application by the special guardian and contestant in this proceeding, which is now pending before the assistant, for leave to photograph the various papers which have been filed as the will of deceased, and to compel the filing of two parts of one of said wills which was executed in triplicate; likewise…
24 N.Y. St. Rep. 409 · 2 views
After hearing the arguments of counsel, and a careful reading of the proofs taken before the assistant, it is apparent that the principal and controlling issue in the proceeding is whether the decedent, in January and February, 1886, when the paper offered as the will was prepared and executed, and previously thereto…
24 N.Y. St. Rep. 413 · 1 views
In 1847 the surrogate of Cattaraugus county issued letters testamentary to William Elliott and two others, as executors of the last will and testament of Lorentus Salisbury, deceased.…
24 N.Y. St. Rep. 416 · 0 views
The special guardian has discharged his duty in this proceeding with great thoroughness, and he is entitled to fair compensation for his professional service.…
24 N.Y. St. Rep. 417 · 2 views
The question to be determined in this proceeding is whether the decedent at the time of the execution of the paper offered as her will was in all respects competent to make a will, and not under restraint.…
24 N.Y. St. Rep. 422 · 1 views
This is an action for the recovery of compensation for services performed by the plaintiff in the procurement of a loan of money, which *347he effected for the defendant.…
24 N.Y. St. Rep. 423 · 3 views
The defendant was convicted of a misdemeanor in the court-of sessions in Suffolk county under an indictment charging him with a violation of chapter 234 of the Laws of 1870, entitled “An act for the preservation of shell-fish in the waters of South bay in Suffolk county.” There was no-dispute or question about the…
24 N.Y. St. Rep. 424 · 0 views
This is an appeal from a j udgment entered on the report of a referee.…
24 N.Y. St. Rep. 427 · 2 views
The complaint states that at the instance and upon the application of the defendant the plaintiffs were appointed by the supreme court as commissioners of estimates and assessments in the matter of improving Fourth avenue, one of the streets of the city.…
24 N.Y. St. Rep. 428 · 1 views
The allowance of a supplemental answer is not a matter of strict right.…
24 N.Y. St. Rep. 429 · 0 views
The decision of the court below in this matter was as liberal to the defendant as the facts warranted.…
24 N.Y. St. Rep. 430 · 2 views
These two actions were brought to foreclose two mortgages given by Bobert H.…
24 N.Y. St. Rep. 433 · 0 views
The proceedings in this matter were instituted to ascertain the compensation to be made to certain land-owners for the diminution of the flow of the water in Bronx river in Westchester county, resulting from a diversion of a portion of the water to supply the pipe-line leading from the new Kens ico dam.…
24 N.Y. St. Rep. 435 · 1 views
Two questions arise in this case, neither of which are very easy to determine.…
24 N.Y. St. Rep. 438 · 1 views
This action was brought against the defendant for the recovery of damages resulting from injuries sustained by the plaintiff, who was an infant.…
24 N.Y. St. Rep. 439 · 1 views
This is an appeal from a judgment in favor of the defendant in an action for the recovery of real property.…
24 N.Y. St. Rep. 441 · 2 views
In March, 1873, Irving M. Avery procured a policy .on his life for $10,000.…
24 N.Y. St. Rep. 443 · 5 views
This is a submitted controversy, and the only question to be determined is whether the plaintiff is entitled to interest upon her legacy under the will of Ann M.…
24 N.Y. St. Rep. 446 · 4 views
The evidence shows no defense to the note which is the basis of this action.…
24 N.Y. St. Rep. 447 · 3 views
This suit is for damages for personal injuries.…
24 N.Y. St. Rep. 448 · 2 views
Upon disaffirmance by an infant of a contract it is prima faciehis duty to return the consideration he has received.…
24 N.Y. St. Rep. 449 · 0 views
This is an appeal from a decree of the surrogate of Kings county, admitting to probate the last will and testament of Mary Hollohan, deceased.…
24 N.Y. St. Rep. 452 · 1 views
These two actions are similar in their facts and in their objects, and they are brought to obtain injunctions restraining perpetually the collection of a judgment recovered in favor of the defendant against the Fleming Cut Sole Company, the plaintiff in the first action; the rights of the plaintiff Mills in the second…
24 N.Y. St. Rep. 453 · 1 views
The Boyal Baking Powder Company was organized in 1873.…
Mead v. Mead Page 455
24 N.Y. St. Rep. 455 · 0 views
The case shows that there is a mortgage outstanding which is an apparent lien on the property sold in partition.…
24 N.Y. St. Rep. 456 · 3 views
In March, 1883, Isabella B. Clute recovered a judgment against Jacob Knies and Adam Emmerich for Ihe reformation of a written instrument, and for the sum of $2,975.14.…
24 N.Y. St. Rep. 458 · 1 views
In April, 1887, the commissioners of highways of the-town of Southampton, upon a proper petition and certificate of a jury, laid, out the road in question.…
24 N.Y. St. Rep. 460 · 0 views
We are of opinion that the condition imposed upon the examination of the plaintiff at the instance of the adverse party was within the-power of the court, and we are not able to say that the power was indiscreetly exercised.…
24 N.Y. St. Rep. 461 · 1 views
About September 1, 1883, the plaintiff agreed to sell cotton for defendants as a broker.…
24 N.Y. St. Rep. 472 · 2 views
The only question here is as to the due execution of the will, and that question arises solely on the point whether the testator did acknowledge the subscription to have been made by him to each of the attesting witnesses.…
In re Grogan Page 473
24 N.Y. St. Rep. 473 · 2 views
These charges are presented by John H. Hulsapple and Tuyus Dodds.…
Hoag v. Prime Page 476
24 N.Y. St. Rep. 476 · 0 views
The liability of the defendants was limited by the amount mentioned in the undertaking.…
24 N.Y. St. Rep. 477 · 3 views
James Allen, the plaintiff herein, loaned to Fitzgerald Bros..…
24 N.Y. St. Rep. 483 · 0 views
I concur, but I do not think it necessary to construe the will.…
24 N.Y. St. Rep. 486 · 2 views
The question raised upon this appeal is one of jurisdiction and not of irregularity.…
24 N.Y. St. Rep. 487 · 0 views
The plaintiff is an author, who, wishing to have an edition published of his work called “ Christie’s Choice, ” entered into an agreement with the defendants, who are publishers, for the publication.…
24 N.Y. St. Rep. 490 · 1 views
The plaintiff is a real-estate broker, and in this action seeks to recover a commission of one-half of one per cent, on account of the sale of a house and lot which belonged to defendant.…
24 N.Y. St. Rep. 493 · 5 views
This is an action by the widow of John Fitzgerald to recover $2,000 upon a policy of insurance or “certificate of membership" issued to him by the .Equitable Reserve Fund Life Association.…
24 N.Y. St. Rep. 496 · 5 views
It appears that the defendant, while sitting as a justice of a district court in the city of Hew York,—that being an inferior court of limited jurisdiction,—and having before him a certain action of Merwin and others (these plaintiffs) against John A.…
24 N.Y. St. Rep. 498 · 1 views
These actions are for injunctions against defendants’ running their elevated railroad past certain premises in Pearl street; for damages already sustained through the operation of said road; and for a removal of the structure unless plaintiffs are indemnified for the permanent injury to said property.…
24 N.Y. St. Rep. 501 · 0 views
If the deed and the declaration created a mortgage, then there would be no doubt that the so-called “foreclosure” was proper.…
24 N.Y. St. Rep. 501 · 0 views
In 1822 the ancestor of plaintiff, from whom she derives title, leased to one Sheffer a small strip of land containing about three-fourths of an acre, lying along the west side of the highway, for the joint lives of Sheffer and his wife, and for the life of the survivor, at the rent of four dollars a year.…
24 N.Y. St. Rep. 504 · 1 views
An examination of the very voluminous case justifies the verdict of the jury.…
24 N.Y. St. Rep. 506 · 3 views
We think there are no merits in this appeal: It has been very properly said at the General Term that if the alleged agreement were made between the Myers heirs and the defendant’s intestate in 1878, and if it were a valid agreement, then the defendant is not liable on the note, because under a valid agreement the note…
24 N.Y. St. Rep. 509 · 3 views
The judgment in Clute v. Emmerich (99 N. Y.…
24 N.Y. St. Rep. 511 · 5 views
The referee by his decision, in effect, finds that the plaintiff elected to affirm the contract of sale and collect the amount due upon it.…
24 N.Y. St. Rep. 521 · 9 views
This action was brought upon an undertaking executed by the defendant to secure the release of one William W.…
24 N.Y. St. Rep. 526 · 10 views
This action was brought to recover the value of certain personal property, consisting of bar fixtures, gas fix *569 turcs, water fixtures, pumps, counters, tables, chairs, glass ware, window shades and other property contained in the saloon at No. 44 Clinton place in the city of New York, which, it is alleged, was…
24 N.Y. St. Rep. 531 · 4 views
This action was brought by tlie plaintiff to obtain a judgment restraining the defendants, who are officers of- the Osgood Dredge Company, from paying to themselves salaries, voted to themselves; and to compel them to refund to the corporation, amounts paid as salaries before the commencement of the action.…
24 N.Y. St. Rep. 534 · 0 views
The first review in this court was of a judgment of the general term affirming judgment entered upon dismissal of the complaint directed by the court upon the trial.…
24 N.Y. St. Rep. 538 · 12 views
This action is for a recovery of damages for a personal injury (Code of Civ.…
24 N.Y. St. Rep. 539 · 5 views
The city of Brooklyn, according to its charter, has nine assessors, who are required each year to prepare an assessment-roll for every ward.…
24 N.Y. St. Rep. 545 · 3 views
This case presents the question of the right of a defendant to costs, in an action for chattels, when both *173 parties succeed as to a part of the property replevied.…
24 N.Y. St. Rep. 548 · 1 views
This appeal must be dismissed. The order from which it was taken was made by the General Term reversing an order of the Special Term permitting the appellant to change its corporate name.…
24 N.Y. St. Rep. 550 · 6 views
The action was founded upon the alleged negligence of the defendant, and brought to recover damages for personal injury suffered by the plaintiff while in the service of the defendant.…
24 N.Y. St. Rep. 552 · 5 views
A creditor may obtain a judgment against his *' debtor in either one of three ways: (1.) He may serve a sum'mons in an action and take judgment after a trial or by default, ‘and he must pursue the regular practice to that end.…
24 N.Y. St. Rep. 553 · 2 views
This is an appeal from a judgment of the general term of the second department, affirming a judgment upon the report of a referee in favor of the respondent, against the plaintiff, for $346.42, in an action in the county court of Kings county.…
24 N.Y. St. Rep. 560 · 8 views
In 1875 Hugh J. Jewett was appointed receiver of the Erie Bailway Company, and he continued to be such receiver and to act as such until he was finally discharged on the 30th day of December, 1879.…
24 N.Y. St. Rep. 563 · 6 views
The prisoner was convicted of murder in the first degree, and from that judgment has brought this appeal.…
24 N.Y. St. Rep. 565 · 0 views
Proceedings were instituted by the proper authorities of the city of Yonkers for extending one of its sewers — called the Ashburton avenue sewer — and a district of assessment proposed, which included lands owned by the several plaintiffs.…
24 N.Y. St. Rep. 566 · 6 views
While riding as a passenger in an open car on • the defendant’s street railroad, the plaintiff received a personal injury, which he charges was occasioned wholly by the fault or negligence of the defendant.…
24 N.Y. St. Rep. 569 · 5 views
A pending action brought to establish title to, or a lien upon, land does not of itself, nor does a duly *604 recorded notice of its pendency, make the title defective or create a lien on the land.…
24 N.Y. St. Rep. 576 · 3 views
This is an appeal from a judgment of the general term of the court of common pleas of the city of New York, affirming the judgment of that court rendered upon the report of a referee, dismissing the complaint, with costs.…
24 N.Y. St. Rep. 579 · 10 views
The opinion of the General Term of the Supreme Court was as follows: The Court of Sessions duly and regularly-adjourned on the 12th of March until the 13th.…
24 N.Y. St. Rep. 584 · 3 views
The statute (§ 3 of chap. 456 of the Paws of 1857) providing for the taxation of corporations, such as the relator, reads as follows: “ The capital stock of every company liable to taxation, except such part of it as shall have been excepted in the assessment-roll, or shall have been exempted by law, together with its…
24 N.Y. St. Rep. 588 · 3 views
The counsel for the defendant has argued two points before us, upon which he claims that the judgment in this case should be reversed.…
24 N.Y. St. Rep. 592 · 27 views
The' defendant was convicted at a court of Oyer and Terminer, held in and for the city and county of Hew York, of the crime of murder in the first degree, for the killing of Madeline Goelz.…
24 N.Y. St. Rep. 595 · 3 views
The facts fully appear in the opinion of the Court of Appeals.…
24 N.Y. St. Rep. 597 · 1 views
We have deemed it our duty to examine the record in this case, notwithstanding the.appeal had been substantially abandoned.…
24 N.Y. St. Rep. 599 · 1 views
This is an appeal from an order of the county judge of Kings county, denying a motion to vacate an order appointing a receiver in proceedings supplementary to execution, and remove his bond from the files of the county clerk and vacate all his proceedings.…
24 N.Y. St. Rep. 600 · 1 views
Appellant is in error in contending that the title to the goods had passed to Howard.…
24 N.Y. St. Rep. 603 · 4 views
This action is for the recovery of the balance upon a contract for building two iron ferry-boats.…
24 N.Y. St. Rep. 605 · 2 views
Defendant’s claim for rent of the house on Franklin avenue was against Francis A.…
24 N.Y. St. Rep. 607 · 2 views
Upon the offer for probate of the will in question the appellants objected to its probate, upon the grounds that the paper propounded as the last will and testament of Daniel R.…
24 N.Y. St. Rep. 614 · 3 views
The action was brought by the plaintiffs as the heirs at law of William Yeandle, who died on the 9th of July, 1885, to set aside a conveyance of property made by him to Eliza H.…
24 N.Y. St. Rep. 616 · 0 views
The judgment was confessed on the 5th of October, 1885, for an indebtedness stated to be owing to the plaintiffs for professional services as the defendant’s attorneys and counsel; and on the 26th of December of the same year the appellant was appointed receiver of the property of the defendant at the suit of a…
24 N.Y. St. Rep. 618 · 1 views
The aqtion was brought to restrain the defendants, as loan commissioners, from making sale of two parcels of land described in the complaint.…
24 N.Y. St. Rep. 622 · 2 views
The claim made by the plaintiff was for the conversion of ■checks and drafts amounting to the sum of about $57,358.36.…
24 N.Y. St. Rep. 629 · 1 views
This action was brought to recover damages for personal injuries received by the plaintiff by slipping upon ice upon the platform of the defendant’s station, and, in falling, striking against an iron pillar, and thus injuring himself.…
24 N.Y. St. Rep. 632 · 2 views
The right of the plaintiffs to recover in this action depends upon their ability to prove that the defendants removed or disposed of their property with intent to defraud their creditors.…
24 N.Y. St. Rep. 633 · 3 views
The action was brought to recover the sum of $600, with interest upon it, as commissions for obtaining a purchaser for premises owned by the defendant, and situated on Thirty-Second street, in the city of New York.…
24 N.Y. St. Rep. 636 · 2 views
This action was for false arrest and imprisonment of the plaintiff by a policeman and detectives claimed to be in the employ of the defendant.…
24 N.Y. St. Rep. 638 · 6 views
In May, 1887, the defendant commenced three actions-against the plaintiff and others, for the foreclosure of three mortgages.…
24 N.Y. St. Rep. 640 · 3 views
This action was brought to recover damages for the breach of a contract for the manufacture of certain merchandise.…
24 N.Y. St. Rep. 643 · 2 views
The attachment in question was procured upon the affidavit of the son of the plaintiff.…
24 N.Y. St. Rep. 645 · 1 views
After an application made by the plaintiff to postpone the trial of the ease, the court at special term fixed the day peremptorily for the first Monday of November, 1888.…
24 N.Y. St. Rep. 646 · 2 views
Should the case finally go against the plaintiff, it is clear from the appeal book that the amount of security heretofore filed would not be sufficient to indemnify the defendant against costs.…
24 N.Y. St. Rep. 647 · 0 views
This case is now before this court for the third time.1 On the first occasion it was brought up by an appeal from the decree of the surrogate admitting an instrument to probate as the will of Cecilia L.…
24 N.Y. St. Rep. 654 · 4 views
By deed executed October 24, 1854, the plaintiff’s testator, John Garcia, conveyed in fee-simple the premises in question, a dwelling-house on Twentieth street, between Fifth and Sixth avenues, in the city of New York, to Jane J.…
24 N.Y. St. Rep. 656 · 0 views
The defendant was arrested and imprisoned for the non-payment of alimony previously accruing, directed to be paid to the plaintiff by the judgment.…
24 N.Y. St. Rep. 658 · 3 views
The action was to recover the amount of a policy of insurance issued by the defendant upon the 19th of April, 1883, upon two five-story brick buildings, adjoining and communicating, and being 62 and 64 Rutgers Slip, $1,250 being insured upon each building.…
24 N.Y. St. Rep. 662 · 1 views
That a motion may be made for a new trial, on the ground that the verdict is against the weight of evidence, after the hearing of the exceptions at the general term, seems to he expressly sanctioned by section 1006 of the Code.…
24 N.Y. St. Rep. 663 · 2 views
The attachment in this case was issued upon the ground that the defendants had disposed of their property with intent to defraud their creditors, and the motion to vacate was made because of the alleged insufficiency of the papers upon which such attachment was issued.…
24 N.Y. St. Rep. 664 · 4 views
I think the defendant was entitled to a broader measure of damages than was sanctioned by the trial judge in his rulings upon the evidence sought to be introduced to sustain the counter-claim.…
24 N.Y. St. Rep. 666 · 1 views
We are of the opinion that the court in a proper case has the power to order a discovery or inspection of books and papers to enable a party to frame a bill of particulars.…
24 N.Y. St. Rep. 667 · 0 views
We are of the opinion that the judgment in this case should be affirmed for the reasons stated in the decision in the case of Masterton v. Boyce (ante 198), handed down herewith.…
24 N.Y. St. Rep. 668 · 0 views
The insertion of the words “ or organized, ” by the amendment of 1881 indicates that the legislature did not intend to coniine the third section to bodies which were, in strictness, incorporated, but intended to include also bodies which were organized under the laws of the state.…
24 N.Y. St. Rep. 675 · 3 views
In February, 1883, Adams, Shorev, and Everhart formed -■a partnership under the same name with that of the defendant.…
24 N.Y. St. Rep. 678 · 6 views
In regard to the first cause of action the letter of defendant to Burt, dated August 11, 1881, is very full.…
24 N.Y. St. Rep. 683 · 1 views
The decision upon the appeal by the plaintiff from an order permitting the appellant to file a supplemental answer, (ante, 666,) alleging the result of the trial in the superior court of the city of Yew York in the case of Hays against the Phoenix Insurance Company, practically decides this.…
24 N.Y. St. Rep. 684 · 2 views
In view of the decision of the court, of appeals in Kernochan v. Murray, 111 N.…
24 N.Y. St. Rep. 685 · 2 views
This case was previously before this general term, on appeal, (30 Hun, 82,) when it was referred back to the referee, to take proof of the value of the services rendered by D.…
24 N.Y. St. Rep. 688 · 5 views
The facts as found by the court below, briefly stated, are as follows: Matthew Leavy purchased the premises in question in 1833, and continued to be the owner thereof until the year 1837, in which year he died at the city of New York, leaving a last will and testament which was duly admitted to probate.…
24 N.Y. St. Rep. 692 · 4 views
This is an appeal from an order made upon the motion to resettle the case in this action, but we think it cannot prevail.…
24 N.Y. St. Rep. 693 · 1 views
The evidence shows that the plaintiff rendered valuable service to the defendant, and upon his express request.…
24 N.Y. St. Rep. 695 · 2 views
The defendant had an arrangement by which he was permitted to connect a system of water-pipes with the main, under the contract with the Brooklyn park commissioners.…
24 N.Y. St. Rep. 695 · 1 views
The complaint avers a publication by defendant of language alleged to be libelous.…
24 N.Y. St. Rep. 697 · 2 views
This is an action for the recovery of a judgment against the defendant for money and other personal property alleged to have been fraudulently obtained from the mother of the plaintiff by the defendant.…
24 N.Y. St. Rep. 698 · 4 views
This is an appeal from an order of the city court of Yonkers, requiring the plaintiff to furnish a bill of particulars, and we think the order requires too much.…
24 N.Y. St. Rep. 699 · 3 views
The evidence fully sustains the verdict of the jury in this case.…
24 N.Y. St. Rep. 700 · 3 views
The act in question is a remedial statute to prevent waste of public moneys, and must be liberally construed to effectuate such intent.…
In re Laramie Page 702
24 N.Y. St. Rep. 702 · 5 views
The case shows that Benjamin Laramie was appointed by the surrogate of Kings county administrator of the estate of Harriet M.…
24 N.Y. St. Rep. 704 · 5 views
The plaintiff in this action is a charitable domestic corporation, organized for purposes of mutual benevolence.…
24 N.Y. St. Rep. 706 · 0 views
There is no question made as to the regularity of the meeting at whicli the vote was taken.…
24 N.Y. St. Rep. 707 · 0 views
The taxes of the town of Greenburgh, Westchester county, are collected by special laws.…
24 N.Y. St. Rep. 708 · 0 views
The proof is sufficient to support the verdict.…
Roe v. Strong Page 709
24 N.Y. St. Rep. 709 · 0 views
This action was brought to procure the removal of a bridge, which the plaintiff claimed was erected upon his property; and it has been twice tried.…
24 N.Y. St. Rep. 710 · 2 views
—The old rule that a road might be technically laid out to prevent an action for an obstruction or infringement of a highway, was abrogated by chapter 245, Laws of 1878.…
24 N.Y. St. Rep. 711 · 2 views
This was an action for damages for an assault.…
24 N.Y. St. Rep. 713 · 1 views
This is a submission without action, to determine the succession to real property in the county of Suffolk, described in the statement printed in the case.…
24 N.Y. St. Rep. 717 · 0 views
The defendant’s wife died in 1885. She left nine children ; the youngest, Mary, about five months old.…
24 N.Y. St. Rep. 718 · 2 views
It is competent in an action of negligence to prove the situation of the parties, and the circumstances surrounding the transaction.…
24 N.Y. St. Rep. 720 · 5 views
The liability of the masters for injuries occasioned an employé by the immediate act of a co-servant, and not by the personal act or omission of the master, turns upon the character of the act.…
24 N.Y. St. Rep. 720 · 0 views
The order from which this appeal is taken is so obviously just that there would seem to be no legal impediment in the way of its affirm*954ance.…
24 N.Y. St. Rep. 722 · 1 views
This case was decided at the February general term.…
24 N.Y. St. Rep. 723 · 0 views
It may be doubted whether the papers upon which the attachment was granted were sufficient.…
24 N.Y. St. Rep. 724 · 2 views
The affidavit made before the justice stated facts sufficient to call for an exercise of his judicial discretion.…
24 N.Y. St. Rep. 726 · 1 views
This is an appeal from a judgment of conviction of assault in the third degree.…
24 N.Y. St. Rep. 726 · 0 views
The defendant had a pond of water, with a dam of about six feet high.…
24 N.Y. St. Rep. 728 · 0 views
The defendant in this action was the owner of a building in the city of Poughkeepsie, and in the month of September he rented to the plaintiff five rooms on the second floor of the building for a residence.…
24 N.Y. St. Rep. 729 · 2 views
The signature of the deceased to the note presumably made out a consideration for the paper.…
24 N.Y. St. Rep. 730 · 0 views
This action was brought to recover penalties for alleged violations by the defendant of section 116 of the by-laws and ordinances of the village of Port Jervis, in relation to the sale of merchandise in said village, without first procuring a license according to the provisions of the ordinance cited.…
24 N.Y. St. Rep. 732 · 2 views
The case of Nanz v. Oakley, 37 Hun, 495, is a distinct authority for the'plaintiff in this action.…
24 N.Y. St. Rep. 733 · 2 views
There is very little dispute as to the facts in this ease.…
Deady v. Fink Page 734
24 N.Y. St. Rep. 734 · 2 views
For the purpose of determining the various equities of the parties to the fund, the money deposited in court must be regarded as the land upon which the work was done and the materials furnished.…
24 N.Y. St. Rep. 736 · 5 views
The complaint alleges that the plaintiff delivered to the defendant a blooded mare, to be taken to Lexington, Ky., and there sold for not less than $500, and if not so sold to be returned.…
24 N.Y. St. Rep. 738 · 5 views
The demurrer was taken to the capacity of the plaintiff to sue, in this: that it does not appear whether the plaintiff is a domestic or foreign corporation, or a firm or copartnership.…
24 N.Y. St. Rep. 739 · 2 views
The absence of the referee did not terminate the proceeding, (Allen v. Starring, 26 How.…
24 N.Y. St. Rep. 740 · 1 views
Sections 1406 and 1407 of the Code, regulating the order of preference among execution and attaching creditors, do not apply to eases where choses in action, or equitable interests of the character disclosed herein, are taken under attachment, for the reason that they cannot be levied upon under an execution.…
24 N.Y. St. Rep. 742 · 1 views
The action is against the defendant as surety on a lease ex-•eeuted by John Arras, in his life-time, to Hall & Christie.…
24 N.Y. St. Rep. 744 · 0 views
The plaintiff on'September 3, 1886, was about six and a half years of age; and on that day, while attempting to cross tiackett street, in this city, was struck by a horse attached to a horse-car on one of the defendant’s lines, and was thrown down and severely injured.…
24 N.Y. St. Rep. 745 · 0 views
It is not necessary to decide in this case the question whether the city is liable for interest on awards where the assessments have been laid and a balance *746struck and the proceedings completed pursuant to the charter.…
24 N.Y. St. Rep. 746 · 0 views
This action is brought to recover the amount of damages caused to a coach owned by plaintiff by reason of a collision between it and a street-car of defendant, which collision plaintiff claims was due to the negligence of a car-driver of the defendant.…
24 N.Y. St. Rep. 748 · 4 views
The plaintiff, while in the employ of the defendant, on July 10, 1885, was injured, as he claimed, through the negligence of the master, and without negligence on ills part.…
24 N.Y. St. Rep. 751 · 1 views
Plaintiffs, brokers, at the request of the defendant, secured purchasers for his vacant lots.…
In re Barney Page 752
24 N.Y. St. Rep. 752 · 2 views
These proceedings to vacate and set aside assessments were-instituted at various times in 1872, 1873, and 1874.…
In re Weil Page 753
24 N.Y. St. Rep. 753 · 1 views
This ease differs from In re Barney, ante, 401, (heard at the present term,) chiefly in the fact that no testimony has ever been taken in the proceedings, and that no order has ever been made purporting to vacate-the assessment.…
In re Hoffman Page 754
24 N.Y. St. Rep. 754 · 1 views
Ho order was made in this case, subsequent to the death of the petitioner, purporting to vacate or reduce the assessment; but otherwise the facts are not materially different from those presented in Re Barney, ante, 401, (decided herewith;) and for the reasons given in the opinion in that case the order appealed from…
24 N.Y. St. Rep. 754 · 2 views
(concurring in result.) The court did charge the jury that the plaintiff was not entitled to recover if he provoked the assault by his acts, or threats of personal violence.…
24 N.Y. St. Rep. 756 · 5 views
The position which the plaintiff occupied and assumed towards the defendant when he prepared the second contract, and got the defendant to execute it, was one which, in equity and good conscience, demanded from, him a disclosure of any and all facts as to his management under the first contract which, if known to her…
24 N.Y. St. Rep. 759 · 0 views
On July 20, 1886, an ageeement in writing was entered into between the defendant and Jacob L.…
24 N.Y. St. Rep. 762 · 1 views
This litigation grows out of certain transactions in reference to the estate of the late Paran Stevens, deceased.…
24 N.Y. St. Rep. 765 · 2 views
Tills is an action by the widow of Charles McIntyre to recover dower in a certain lot of land which was conveyed to him by Theodore Ploeger on June 1, 1871, after his marriage to the plaintiff, and of which he remained seised until September 11,1871, when it was conveyed to one Charles McDonald.…
24 N.Y. St. Rep. 768 · 3 views
In the argument of this appeal the learned counsel for the defendant has relied chiefly upon the proposition that the verdict is so clearly against the weight of evidence as to require the court to grant a new trial.…
24 N.Y. St. Rep. 770 · 4 views
This is an action upon a guaranty, which reads as follows: “Heidelberg, Germany, 28 October, 1874.…
24 N.Y. St. Rep. 774 · 1 views
This action is to recover the value of certain screenings sold and delivered to the defendant.…
In re Roe Page 775
24 N.Y. St. Rep. 775 · 2 views
This proceeding was brought for the purpose of procuring the sale of certain real estate which belonged to the estate of Elizabeth F.…
24 N.Y. St. Rep. 778 · 2 views
I concur in the opinion of Mr. Justice Daniels upon the general merits of this controversy.…
24 N.Y. St. Rep. 787 · 2 views
This case was tried upon an agreed state of facts, and there are no exceptions.…
24 N.Y. St. Rep. 790 · 2 views
The defendant is a corporation duly organized under the laws of the state of Hew York, and is engaged in the carriage of passengers upon its elevated railways in the city of Hew York.…
24 N.Y. St. Rep. 793 · 1 views
In March, 1886, Jacob Christie, Charles C.…
24 N.Y. St. Rep. 795 · 3 views
The facts material to the question presented upon this appeal seem to be as follows: On May 14,1886, the plaintiff resided and carried on business at Springfield, Mass., under the name of the “Powers Paper Company, ” and had an office in New York, where he did business through his agent, one St. John.…
24 N.Y. St. Rep. 798 · 3 views
The complaint in this action sets up two causes of action.…
24 N.Y. St. Rep. 805 · 2 views
The allowance granted herein by way of counsel fees to the plaintiff does not seem to us to be at all excessive, provided the court had the power to make provision for any compensation to her counsel.…
24 N.Y. St. Rep. 805 · 0 views
The claim of the appellant against the respondent, as executor, was referred to a referee under the statute.…
24 N.Y. St. Rep. 806 · 2 views
The order should be affirmed on the opinion of Ingraham, J., at special term.…
24 N.Y. St. Rep. 807 · 4 views
The review of the order appealed from cannot be made as satisfactorily as if the complaint had formed part of the moving papers.…
24 N.Y. St. Rep. 809 · 1 views
It is plain enough that the object of this suit is to permit Benner to collect his share of fees from Marx under tile second agreement, but it is difficult to see upon what theory the jury based their verdict.…
24 N.Y. St. Rep. 811 · 1 views
The sole question in controversy in this case relates to the con- ■ struction of the following clause in the will of Sarah E.…
24 N.Y. St. Rep. 814 · 0 views
This is an action of ejectment, the plaintiff claiming the title to property in the city of Brooklyn under a sale made by the registrar of arrears, under chapter 114 of the Laws of 1883, and the acts amendatory thereof.…
24 N.Y. St. Rep. 815 · 4 views
If there is no remedy against such practice as appears in this case, it is high time for an amendment to the law regulating procedure in justice’s courts.…
24 N.Y. St. Rep. 817 · 2 views
The defendants were proper parties. While they had the property as trustees they were in occupation, and receiving the benefit thereof.…
24 N.Y. St. Rep. 818 · 0 views
The chief question now to be discussed is whether the issue as to the contributory negligence of the plaintiff’s mother should not have been decided by the court as a question of law.…
24 N.Y. St. Rep. 820 · 2 views
I am of opinion that the learned judge below did not err in refusing to strike out the allegations of the answer as irrelevant.…
24 N.Y. St. Rep. 821 · 0 views
The action was in foreclosure of mortgage upon real estate.…
24 N.Y. St. Rep. 822 · 0 views
The complaint averred the making of an assignment by one Brick of all his property to one Campbell, “ in trust for the benefit of the creditors of Brick, in pursuance to the statute in such case made and provided ” ; also that Campbell *486executed his bond conditioned “ that if the said Eobert Campbell should…
24 N.Y. St. Rep. 824 · 4 views
Either the record on this appeal is not properly made up, or •the practice has not been in accordance with the requirements of the Code of *63Civil Procedure.…
24 N.Y. St. Rep. 825 · 2 views
‘ The plaintiff, as administrator of the effects of his deceased son, George A.-Bryant, brings this action to recover" damages for the death of the decedent by reason of alleged negligence of'the commissioner of highways of the defendant.…
24 N.Y. St. Rep. 831 · 2 views
The action was ejectment, and the defense was an equitable title in the defendants’ testator.…
24 N.Y. St. Rep. 832 · 0 views
The plaintiff James Coddington is the general assignee for the benefit of the creditors of John S.…
In re Abbey Page 834
24 N.Y. St. Rep. 834 · 0 views
Twelve of the jurors signed a verdict that Mr. Abbey was competent to manage his affairs, and was not a lunatic.…
24 N.Y. St. Rep. 835 · 1 views
This action was brought to recover damages sustáined by the plaintiff, by reason of being wrongfully ejected from a railway car while traveling as a passenger from New York to Bochester on a special ticket on the West Shore Bailroad, of which the defendant is the lessee.…
24 N.Y. St. Rep. 838 · 2 views
The plaintiffs, who are the superintendents of the poor of the county of Steuben, bring this action to recover of the overseer of the poor of the town of North Dansville, in Livingston county, certain sums of money which had been expended by them in behalf of one Martin lioff, who was alleged to be a poor and indigent…
24 N.Y. St. Rep. 841 · 2 views
At the opening of the trial of this action at the circuit, as we read from the record before us, “the question came up as to whether the action, as stated in the complaint, was for an accounting or upon an account stated.…
24 N.Y. St. Rep. 843 · 2 views
The defendants’ testator, John F. Moulton, had, in his life-time, prior to the month of November, 1886, lost in gaming to one John Daily the sum of $3,500, for which he gave said Daily his check on a bank.…
24 N.Y. St. Rep. 845 · 4 views
The defendant is a mutual benefit insurance society incorporated under the laws of the state of Indiana, having subordinate councils in this state.…
24 N.Y. St. Rep. 848 · 5 views
This appeal presents questions arising upon exceptions only, and not upon the case.…
24 N.Y. St. Rep. 850 · 2 views
The action was for money lent. The plaintiff’s father, Sidney Smith, who was also the defendant’s brother, and more or less in his employ, collected for the plaintiff, under a special power of attorney for that purpose, the sum of $505, and without authority of the plaintiff lent it to the defendant as the money of…
24 N.Y. St. Rep. 852 · 2 views
The common council of the city of Buffalo, on the 28th day of May, 1883, passed an ordinance for the acquisition of lands necessary to extend Ellicott street, from the southerly line of Seneca street to the northerly line of Exchange street, particularly describing the same.…
24 N.Y. St. Rep. 854 · 2 views
The defendant issued to Edwin A. Walter, of Kendall Creek, Pa., on the 5th day of June, 1882, a policy of life insurance, payable to his personal representatives, in the sum of ©2,500, upon the payment by the assured, semi-annually, of a premium of $25.87, on the 5th day of December, and of June, in each year.…
24 N.Y. St. Rep. 859 · 3 views
The complaint charged the defendant as follows: “That on or about the 11th day of August, 1886, defendant being in possession of a draft, check, or money, the property of the plaintiffs, which they were entitled to the immediate possession of, to the value of $20.08, wrongfully converted the same to his own use…
24 N.Y. St. Rep. 860 · 0 views
The ground of this motion is stated, in part, to be that the affidavit on which the original order for examination was granted was insufficient under section 872 of the Code of Civil Procedure, as supplemented by our rules of practice.…
24 N.Y. St. Rep. 865 · 0 views
The action was for broker’s commissions in the exchange of the defendant’s house and lot in Clarkson for city property in Rochester.…
24 N.Y. St. Rep. 866 · 3 views
The motion to vacate the attachment which had been procured by the plaintiff's was made ostensibly upon the papers upon which such order of attachment had been granted.…
24 N.Y. St. Rep. 868 · 4 views
The judgment was entered under section 1778 of the Code of Civil Procedure for want of a judge’s order to accompany the answer of the defendant, which is a domestic corporation.…
24 N.Y. St. Rep. 870 · 1 views
The action was by the superintendent of the poor of the county of Seneca against the overseer of the poor of the town of Macedón, in Wayne county, to recover the expenses incurred by the former county in furnishing temporary relief to the family of one H.…
24 N.Y. St. Rep. 874 · 3 views
The questions presented by this appeal arise mainly from facts alleged in the complaint and admitted by the answer.…
24 N.Y. St. Rep. 878 · 3 views
The order seems to have been made on the ground that, the defense being of an equitable nature, the cause could not be tried by a jury.…
24 N.Y. St. Rep. 879 · 2 views
The controlling legal propositions involved in this case have already been examined and determined in several cases, some of them by the court of appeals, and are not open for discussion in this court.…
24 N.Y. St. Rep. 882 · 5 views
The action was on a policy of insurance in the form of a certificate of membership of the plaintiff in the defendant association.…
24 N.Y. St. Rep. 884 · 2 views
This action was brought to recover for personal services of the plaintiff under an alleged employment of him by the defendant, to take the care of and to run .a grist-mill.…
24 N.Y. St. Rep. 885 · 2 views
This action was brought upon two promissory notes made by the respondent John C.…
In re May Page 887
24 N.Y. St. Rep. 887 · 1 views
The form of the order of reference was that the referee should take the evidence which should be adduced, and report the same to the surrogate, with his opinion thereon.…
In re May Page 888
24 N.Y. St. Rep. 888 · 2 views
The report of the referee, to whom has been referred the settlement of the accounts of the executrix, was confirmed by the surrogate, except in regard to the fourth conclusion of law, relating to the application of the statute of limitations to the interests of certain persons not necessarily now to be considered, and…
24 N.Y. St. Rep. 889 · 5 views
The action was to recover state bounty money, alleged to-have been received by the defendant for the use of the plaintiff's assignors, 202 in number.…
24 N.Y. St. Rep. 892 · 0 views
There has always been a difference in the meaning of “unoccupied” lands and “non-resident” lands.…
24 N.Y. St. Rep. 894 · 1 views
The real question involved upon this motion is whether a demurrer can be regarded as an answer, so that an answer as an amendment can be served as a matter of course within 20 days.…
24 N.Y. St. Rep. 896 · 2 views
It is clear that the agreement between the defendant and A.…
24 N.Y. St. Rep. 898 · 0 views
This is an appeal from a judgment of the municipal court for twenty-eight dollars, in favor of the plaintiff, and against the defendant.…
24 N.Y. St. Rep. 902 · 5 views
On the 19th day of September, 1887, a writ of certiorari was issued on the application of the relator, based upon the claim that he had been unjustly assessed for personal property in the town of Ward, Allegany county.…
24 N.Y. St. Rep. 906 · 1 views
In June, 1888, application was made for the drawing of a jury to certify to the necessity of a public highway in the town of Ellicott, Chautauqua county.…
24 N.Y. St. Rep. 909 · 3 views
J.—This is an action against the defendant as endorser on three promissory notes.…
24 N.Y. St. Rep. 912 · 2 views
The action is brought for the foreclosure of a mechanic’s lien.…
24 N.Y. St. Rep. 917 · 3 views
This case when last before this court on an appeal from a judgment of non-suit from the municipal court, was reversed on the ground that there was evidence from which the judge below or a jury could find that the defendant had been guilty of fraudulent representation, in making the lease of the premises to the…
24 N.Y. St. Rep. 918 · 3 views
The complaint states two causes of action in different counts.…
24 N.Y. St. Rep. 921 · 0 views
The main questions presented by this case have been before disposed of.…
24 N.Y. St. Rep. 924 · 3 views
This is an appeal from an order made at special term, denying a motion to strike out portions of the plaintiff’s complaint as irrelevant and redundant, and to make it more definite and certain.…
24 N.Y. St. Rep. 925 · 2 views
This is an appeal from a judgment entered on the report of the referee dismissing the plaintiff’s complaint, with costs.…
24 N.Y. St. Rep. 930 · 0 views
This action, in form, is against Timothy J.…
24 N.Y. St. Rep. 931 · 1 views
This action was brought to recover $200, claimed to have been loaned to the defendant by the plaintiff in 1882.…
24 N.Y. St. Rep. 934 · 1 views
The trial court refused to hold that the pardon granted the defendant by the governor-of the state of Georgia exempted him from liability to conviction here as for a second offense.…
24 N.Y. St. Rep. 938 · 6 views
On the night of the 18th of June, 1888, the defendant called upon Dr. Crounse, a person duly authorized to practice physic and surgery, and employed him to attend Mary A.…
24 N.Y. St. Rep. 940 · 0 views
The-burden rested upon the defendant Benham to show that the plaintiff, as vendor of the premises and the holder of a mortgage of equal date and record with her own, did, either by act or omission, so far waive the priority which his vendor’s lien gave him for the purchase money as to admit the defendant’s mortgage to…
24 N.Y. St. Rep. 942 · 2 views
The plaintiff was non-suited. He is therefore entitled to the most favorable inferences of which the testimony admits.…
24 N.Y. St. Rep. 944 · 3 views
Chapter 428, Laws 1855, under which this action is brought, provides for a recovery when property “shall be destroyed or injured in consequence of any mob or riot.” It also provides that no persons shall recover if it shall appear that such destruction or injury “was occasioned, or in any manner aided, sanctioned, or…
24 N.Y. St. Rep. 946 · 1 views
The single question presented by this appeal is whether the plaintiff’s intestate, Thomas McGovern, met his death because his employer, the defendant, failed to perform the duty which his duty as master enjoined upon him.…
24 N.Y. St. Rep. 950 · 2 views
The appeal is from the judgment. No appeal is taken from the order denying the motion made upon the minutes to set aside the verdict.…
24 N.Y. St. Rep. 952 · 3 views
This case involves a small amount, and yet the principle in question is very important.…
24 N.Y. St. Rep. 953 · 0 views
This is an appeal by the defendant bank from a judgment against it tor $17,946.42, entered on the decision of the court at special term as money received by defendant for the benefit of plaintiff.…
24 N.Y. St. Rep. 955 · 1 views
The question made by appellant on this appeal arises from the following facts.…
24 N.Y. St. Rep. 957 · 1 views
The action is by the transferee of a borrower in a loan, averred by the complaint to have been usurious, and as averred, certificates of shares of certain stock had been pledged by the borrower.…
24 N.Y. St. Rep. 959 · 0 views
Assuming, as the parties have assumed on the argument, that this was an award of costs against the plaintiff to be made out of his own property, the clerk’s action was incorrect if it be conceded that the action was brought by plaintiff in a representative capacity.…
24 N.Y. St. Rep. 961 · 3 views
The action was for damages from alleged negligence of defendant’s servants.…
24 N.Y. St. Rep. 962 · 1 views
From the original papers, taken together, on which the order of attachment was issued, it appeared that some facts, the existence of which it was necessary to prove, were sworn to upon information and belief and the sources of the information not disclosed.…
24 N.Y. St. Rep. 963 · 3 views
The order of arrest *34having been vacated at special term on the sole ground that the jury, under the direction of the court, had found a verdict for the defendant, it is deemed expedient to proceed at once to the examination of the questions raised by the exceptions taken by the plaintiff at the trial.…
24 N.Y. St. Rep. 965 · 2 views
The action was upon a promissory note, made by the defendant.…
24 N.Y. St. Rep. 966 · 3 views
The plaintiffs in this action and the relators in the special proceedings are the occupants of certain stalls in West Washington Market, in the city of Hew York.…
In re Whitney Page 968
24 N.Y. St. Rep. 968 · 5 views
The object of the application is to obtain a writ of mandamus requiring the police commissioners and superintendent to enforce the excise law prohibiting the sale or other disposition of intoxicating liquors, wines, or ales at the Metropolitan Opera-House between the hours of 1 and-5 o’clock in the morning, and to…
24 N.Y. St. Rep. 970 · 2 views
The question here presented is whether the relator is liable to be taxed as a corporation within the provisions of the Revised Statutes concerning the assessment of taxes on incorporated companies.…
24 N.Y. St. Rep. 977 · 3 views
The questions here considered arise upon a demurrer to the complaint.…
Wells v. Knox Page 985
24 N.Y. St. Rep. 985 · 3 views
There is no doubt but that the assignor, or his personal representatives, would be a proper party defendant to this action,, but the question is presented whether he is a necessary party so that there is a defect of parties defendant.…
24 N.Y. St. Rep. 986 · 7 views
By the evidence in this case it is established that the confessed judgment and the assignment were together one plan whereby all the property of the assignors was to be disposed of.…
In re Weber Page 990
24 N.Y. St. Rep. 990 · 2 views
This proceeding was commenced the last of December, 1873, to vacate an assessment for a sewer in Seventh avenue, confirmed in May, 1871.…
24 N.Y. St. Rep. 990 · 3 views
The evidence in this case is of such a character as made it eminently proper that the issue as to the imbecility of John Horacek at the time of the conveyance in question should have been tried by a jury.…
24 N.Y. St. Rep. 993 · 0 views
This proceeding was commenced in December, 1873, and it has been allowed to remain in the condition in which it was placed by the service of the petition since then, until the present time.…
In re Roberts Page 993
24 N.Y. St. Rep. 993 · 1 views
ROBERTS’ PETITION. The petition of the testator to vacate the assessment was made in the early part of the year 1872, but no active proceeding appears to have been afterwards taken for its prosecution.…
24 N.Y. St. Rep. 995 · 3 views
This action was brought by the plaintiff, as executor of his mother, against the defendant, her husband, for an accounting of moneys deposited in various savings banks in this city in the names of the testatrix and defendant, and for a recovery of half of such money by the plaintiff as such executor.…
24 N.Y. St. Rep. 997 · 3 views
The various controversies to which this suit relates arise under the last will and testament of Miss Frances B.…
24 N.Y. St. Rep. 1001 · 0 views
In the autumn of 1885 the plaintiff, by his check dated on the 3d day of September in that year, paid $10,000 to the defendant.…
24 N.Y. St. Rep. 1005 · 3 views
In the affidavit which was presented to obtain the order to show cause why the defendant should not be examined before trial it is stated that this action was brought to recover damages for defamatory and slanderous words spoken by the defendant concerning the plaintiff in its business ; and the affidavit further…
24 N.Y. St. Rep. 1009 · 2 views
The defendant Goetze has made a case for the discharge of the judgment, •and it is ordered that this judgment he vacated and canceled of record.
24 N.Y. St. Rep. 1009 · 0 views
See opinion rendered June 3, 1889.
24 N.Y. St. Rep. 1009 · 0 views
Judgment affirmed, with costs.
24 N.Y. St. Rep. 1009 · 0 views
No opinion. Application granted.
24 N.Y. St. Rep. 1009 · 0 views
Judgment entered on forfeited recognizance.…
24 N.Y. St. Rep. 1009 · 0 views
See opinion rendered June 3,1889. 25 N. Y.…
24 N.Y. St. Rep. 1009 · 0 views
See opinion rendered June 3, 1889.

People and organizations on PlainSite with a photograph on file, alphabetically.

A
Adams, Eric Leroy Adelson, Sheldon G. Ahuja, Deepak P. Altman, Samuel Harris
Adams, Eric Leroy
Adelson, Sheldon G.
Ahuja, Deepak P.
Altman, Samuel Harris
Andreessen, Marc L. Armstrong, Lance Edward Assange, Julian Azar, II, Alex Michael
Andreessen, Marc L.
Armstrong, Lance Edward
Assange, Julian
Azar, II, Alex Michael
B
Bankman-Fried, Samuel Bannon, Stephen Kevin Barr, William P. Benioff, Marc
Bankman-Fried, Samuel
Bannon, Stephen Kevin
Barr, William P.
Benioff, Marc
Bernanke, Ben Shalom Berryhill, Nancy A. Bessent, Scott Bezos, Jeffrey P.
Bernanke, Ben Shalom
Berryhill, Nancy A.
Bessent, Scott
Bezos, Jeffrey P.
Biden Jr., Joseph R. Blanche, Todd Blankfein, Lloyd C. Blinken, Antony J.
Biden Jr., Joseph R.
Blanche, Todd
Blankfein, Lloyd C.
Blinken, Antony J.
Bloomberg, Michael Rubens Bondi, Pamela Booker, Cory A. Bovino, Gregory
Bloomberg, Michael Rubens
Bondi, Pamela
Booker, Cory A.
Bovino, Gregory
Bowles, Erskine B. Breed, London Breyer James Brin, Sergey
Bowles, Erskine B.
Breed, London
Breyer James
Brin, Sergey
Brockman, Greg D. Bush, George Walker Buttigieg, Pete  
Brockman, Greg D.
Bush, George Walker
Buttigieg, Pete
 
C
Carson, Sr., Ben S. Chao, Elaine L. Chenault, Kenneth I. Cheney, Richard B.
Carson, Sr., Ben S.
Chao, Elaine L.
Chenault, Kenneth I.
Cheney, Richard B.
Chertoff, Michael Clinton, Hillary Rodham Clinton, William Jefferson Combs, Sean
Chertoff, Michael
Clinton, Hillary Rodham
Clinton, William Jefferson
Combs, Sean
Comey, James B. Cook, Timothy D. Cosby, William H., Jr.  
Comey, James B.
Cook, Timothy D.
Cosby, William H., Jr.
 
D
De Blasio, Bill Denholm, Robyn M. Depp, II, John Christopher Dershowitz, Alan M.
De Blasio, Bill
Denholm, Robyn M.
Depp, II, John Christopher
Dershowitz, Alan M.
DeSantis, Ronald D. Desmond-Hellmann, Susan DeVos, Elisabeth Dimon, Jamie
DeSantis, Ronald D.
Desmond-Hellmann, Susan
DeVos, Elisabeth
Dimon, Jamie
Doerr, L. John Dorsey, Jack Duncan, Arne  
Doerr, L. John
Dorsey, Jack
Duncan, Arne
 
E
Ebbers, Bernard J. Ehrenpreis, Ira Matthew Eisner, Michael D. Ellison, Lawrence J.
Ebbers, Bernard J.
Ehrenpreis, Ira Matthew
Eisner, Michael D.
Ellison, Lawrence J.
Epstein, Jeffrey E.      
Epstein, Jeffrey E.
     
F
Faust, Drew Gilpin Flynn, Michael Thomas    
Faust, Drew Gilpin
Flynn, Michael Thomas
   
G
Gabbard Tamayo, Tulsi Garland, Merrick Gates, Melinda French Gates, Robert M.
Gabbard Tamayo, Tulsi
Garland, Merrick
Gates, Melinda French
Gates, Robert M.
Gates, William Henry Gebbia, Joseph Nicholas Gillibrand, Kirsten Giuliani, Rudolph
Gates, William Henry
Gebbia, Joseph Nicholas
Gillibrand, Kirsten
Giuliani, Rudolph
Gracias, Antonio J. Graham, Donald Graham, Lindsey O. Greenspan, Aaron
Gracias, Antonio J.
Graham, Donald
Graham, Lindsey O.
Greenspan, Aaron
Greenspan, Alan      
Greenspan, Alan
     
H
Harris, Kamala Devi Hastings, W. Reed Hawley, Joshua D. Hayden, Michael V.
Harris, Kamala Devi
Hastings, W. Reed
Hawley, Joshua D.
Hayden, Michael V.
Hegseth, Peter Brian Hennessy John L Holder, Jr., Eric H. Holmes, Elizabeth A.
Hegseth, Peter Brian
Hennessy John L
Holder, Jr., Eric H.
Holmes, Elizabeth A.
Huang, Jen-hsun Hughes, Christopher Ray    
Huang, Jen-hsun
Hughes, Christopher Ray
   
I
Icahn, Carl C.      
Icahn, Carl C.
     
J
Jackson, Michael Joseph Jackson, Sr., Jesse L. Jobs, Steven P. Jurvetson, Stephen T.
Jackson, Michael Joseph
Jackson, Sr., Jesse L.
Jobs, Steven P.
Jurvetson, Stephen T.
K
Kemp, Brian P. Kennedy, Robert F., Jr. Koch, David Koum, Jan
Kemp, Brian P.
Kennedy, Robert F., Jr.
Koch, David
Koum, Jan
Kushner, Jared C.      
Kushner, Jared C.
     
L
Lay, Kenneth L Lemon, Don Leopold, Jason Lutnick, Howard W.
Lay, Kenneth L
Lemon, Don
Leopold, Jason
Lutnick, Howard W.
Lyons, Todd M.      
Lyons, Todd M.
     
M
Madoff, Bernard L. Maduro Moros, Nicolas Manafort, Paul J., Jr. Manning, Chelsea
Madoff, Bernard L.
Maduro Moros, Nicolas
Manafort, Paul J., Jr.
Manning, Chelsea
Martin, Edward R., Jr. Maxwell, Ghislaine McConnell, Jr., Addison Mitch McFarland, William
Martin, Edward R., Jr.
Maxwell, Ghislaine
McConnell, Jr., Addison Mitch
McFarland, William
McKesson, DeRay Milton, Trevor Robert Mnuchin, Steven Moritz, Michael J.
McKesson, DeRay
Milton, Trevor Robert
Mnuchin, Steven
Moritz, Michael J.
Moskovitz, Dustin A. Mueller, Robert S., III Mulvaney, Mick Murdoch, A.C., K. Rupert
Moskovitz, Dustin A.
Mueller, Robert S., III
Mulvaney, Mick
Murdoch, A.C., K. Rupert
Murdoch, James R. Murdoch, Lachlan K. Musk, Elon Reeve Musk, Kimbal J.
Murdoch, James R.
Murdoch, Lachlan K.
Musk, Elon Reeve
Musk, Kimbal J.
Myhrvold, Nathan P.      
Myhrvold, Nathan P.
     
N
Nadella, Satya Navarro, Peter K. Neumann, Adam Newsom, Gavin
Nadella, Satya
Navarro, Peter K.
Neumann, Adam
Newsom, Gavin
Nielsen, Kirstjen Noem, Kristi Nunes, Devin G.  
Nielsen, Kirstjen
Noem, Kristi
Nunes, Devin G.
 
O
Obama, Barack Hussein Office of the New York Attorney General Okeke-Von Batten, Karl-Marx Edward  
Obama, Barack Hussein
Office of the New York Attorney General
Okeke-Von Batten, Karl-Marx Edward
 
P
Page, Lawrence Patel, Kashyap Pelosi, Nancy Pence, Michael Richard
Page, Lawrence
Patel, Kashyap
Pelosi, Nancy
Pence, Michael Richard
Petit, Parker H. Pichai, Sundar Pompeo, Michael Richard Powell, Sidney
Petit, Parker H.
Pichai, Sundar
Pompeo, Michael Richard
Powell, Sidney
Prince, Erik D. Putin, Vladimir Vladimirovich    
Prince, Erik D.
Putin, Vladimir Vladimirovich
   
Q
Qazi, Omar      
Qazi, Omar
     
R
Rice, Condoleezza Rive, Lyndon Robert Romney, Willard Mitt Rosenstein, Rod J.
Rice, Condoleezza
Rive, Lyndon Robert
Romney, Willard Mitt
Rosenstein, Rod J.
Ross, Wilbur L. Jr. Rubio, Marco Rumsfeld, Donald H.  
Ross, Wilbur L. Jr.
Rubio, Marco
Rumsfeld, Donald H.
 
S
Sandberg, Sheryl K. Saverin, Eduardo Saylor, Michael Jerry Schiff, Adam
Sandberg, Sheryl K.
Saverin, Eduardo
Saylor, Michael Jerry
Schiff, Adam
Schmidt, Eric E. Schroepfer, Michael Todd Schultz Howard D Sessions, Jefferson Beauregard, III
Schmidt, Eric E.
Schroepfer, Michael Todd
Schultz Howard D
Sessions, Jefferson Beauregard, III
Sharpton, Alfred Shkreli, Martin Shriram Kavitark Ram Snowden, Edward
Sharpton, Alfred
Shkreli, Martin
Shriram Kavitark Ram
Snowden, Edward
Spears, Britney Spiegel, Evan Thomas Spiro, Alexander Benjamin Stone, Roger J.
Spears, Britney
Spiegel, Evan Thomas
Spiro, Alexander Benjamin
Stone, Roger J.
Straubel, Jeffrey Brian Summers, Lawrence Henry Sutskever, Ilya Swift, Taylor
Straubel, Jeffrey Brian
Summers, Lawrence Henry
Sutskever, Ilya
Swift, Taylor
T
Taylor, Bret Steven Teller, Samuel Thiel, Peter Tillerson, Rex W.
Taylor, Bret Steven
Teller, Samuel
Thiel, Peter
Tillerson, Rex W.
Tinubu, Bola Ahmed Trump, Donald J. Trump, Donald J. Jr. Trump, Eric
Tinubu, Bola Ahmed
Trump, Donald J.
Trump, Donald J. Jr.
Trump, Eric
Trump, Ivanka Trump, Melania    
Trump, Ivanka
Trump, Melania
   
U
Ullyot, Theodore Warren      
Ullyot, Theodore Warren
     
V
Vance, Jr., Cyrus R.      
Vance, Jr., Cyrus R.
     
W
Warren, Elizabeth Whitman, Margaret C.    
Warren, Elizabeth
Whitman, Margaret C.
   
Y
Yellen, Janet      
Yellen, Janet
     
Z
Zhao, Changpeng Zilis, Shivon Zuckerberg, Mark Elliot  
Zhao, Changpeng
Zilis, Shivon
Zuckerberg, Mark Elliot
 
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