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United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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6
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
7
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
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The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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16
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
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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23
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
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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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
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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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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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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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
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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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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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
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
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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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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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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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
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All reporters › ny-st-rep › Volume 24 Opinions in ny-st-rep, volume 24
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.… New Haven Web Co. v. Ferris Page 4 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.… 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… Argersinger v. . MacNaughton Page 16 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.… Vidette v. Dudley Page 20 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.… This is an appeal taken by the plaintiff from a judgment of this court, overruling his demurrer to the defendant’s answer.… Goll v. Manhattan Railway Co. Page 24 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.… Victory v. Foran Page 27 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.… Finelite v. Sinnott Page 28 This is an appeal taken by the plaintiff from a judgment against him on dismissal of his complaint.… Brown v. Recknagel Page 29 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.… Goodyear v. Adams Page 31 One of the issues presented by the answer was whether Joshua Adams, on the 10th February, 1869, was of unsound mind.… 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.… Ottiwell v. Muxlow Page 38 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.… Herrman v. Stalp Page 40 On the 21st July, 1873, the appellants recovered a judgment against the respondent in a district court for $112.65.… Swenson v. Mahopac Iron Ore Co. Page 43 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.… Boardman v. Trotter Page 49 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.… McAllister v. Case Page 52 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.… Recamier Manuf'g Co. v. Seymour Page 54 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.… Baxter v. Wesley Page 57 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.… Morgan v. Taylor Page 60 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.… People ex rel. Bockes v. Wemple Page 64 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… Stettheimer v. . Tone Page 70 The defendants, for some time prior to Febnary 13, 1879, were copartners doing business as bankers.… Musgrave v. . Buckley Page 74 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,.… Seymour v. . Smith Page 77 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.… 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.… In re Sarauw's Will Page 88 We see no ground for reversing the surrogate’s decree.… Flint v. Frantzman Page 89 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… Stack v. Weatherwax Page 90 There was no sufficient evidence of duress to go to the jury.… Hoag v. Hatch Page 91 The special term struck out the defendant’s answer as sham, and directed judgment thereon as frivolous.… Davis v. City of Kingston Page 93 It snowed on Thursday; rained on Friday; froze on Saturday night.… Barkley v. Olcott Page 94 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.… Magilton v. Holbert Page 96 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.… There is no doubt that the suicide of the deceased would be a defense.… DeWitt v. Steuder Page 101 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.… Eisenlord v. Clum Page 102 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.… Cullen v. Norton Page 103 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.… 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.… Thompson v. Thompson Page 108 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.… McParthand v. Thoms Page 110 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… Martin v. Stoddard Page 111 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.… Moore v. Craig Page 111 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 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… People ex rel. Ullrich v. Bell Page 114 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.… Behrens v. Bloom Page 116 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… Scofield v. Kreiser Page 118 This is an action for the conversion of certain articles of furniture.… Beebe v. Parker Page 120 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… Eislie v. Walther Page 122 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.… Murphy v. Gold & Stock Tel. Co. Page 123 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.… Vietor v. Stroock Page 127 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.… Hoops v. Schmidt Page 129 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.… Drake v. Paige Page 131 The only question before us is whether Clinton F.… Stillwell v. Kennedy Page 140 Appealfromajudgmentdismissingthecomplaint, withcosts, entered on a nonsuit, and heard in this court on a case which contains all of the evidence.… Loos v. Wilkinson Page 144 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.… 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.… Robert Gere Bank v. Inman Page 160 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.… Ingersoll v. Town of Lansing Page 163 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.… Brown v. Klock Page 165 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… Benedict v. Seventh Ward Railway Co. Page 169 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.… Nethercott v. Kelly Page 171 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.… Cooley v. Cummings Page 172 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.… Arnoux v. Bogert Page 173 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.… Mayer v. Heidlebach Page 176 —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.… Loveless v. Manhattan Railway Co. Page 177 The action was for damages from alleged negligence of defendant’s servants.… 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.… Morenus v. Crawford Page 179 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.… Shepard v. Manhattan Railway Co. Page 185 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… Sternberger v. Bernheimer Page 187 The action was upon a joint liability on contract.… 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!… Morrison v. Verdenal Page 194 This action was brought to recover upon a promissory note given by the defendant to one Harry O.… Nealis v. Lissner Page 196 This action was brought upon a contract by which the defendants agreed to purchase the property of Stransky, Reiman & Aarons at a price named.… Masterton v. Boyce Page 198 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.… Robinson v. Boyce Page 204 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.… Rothschild v. Salomon Page 205 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.… Bangs v. Boyce Page 205 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.… People ex rel. Washburn v. French Page 207 The relator was appointed a patrolman in 1856.… 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.… Chester v. Jumel Page 214 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.… Chester v. Jumel Page 229 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.… Chester v. Jumel Page 230 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… Chester v. Jumel Page 231 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.… Chester v. Jumel Page 233 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.… Chester v. Gesner Page 234 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… Tuchband v. Chicago & A. Railroad Page 236 This action ivas brought to recover for a cause of action arising in the state of Missouri.… In re Kavanagh's Will Page 238 The testator made and executed his will on the 18th of August, 1887, and died on the 29th of the following month.… Nordlinger v. Anderson Page 240 The only question before us is one of fact.… 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.… Tripler v. Mayor Page 244 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.… Lockwood v. Gehlert Page 245 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.… The only material point to be decided in this application is, what was the date of death of the intestate.… Luhrs v. Luhrs Page 252 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 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.… Holmes, Booth & Haydens v. Willard Page 260 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.… Citroen v. Adam Page 263 The plaintiffs are importers of diamonds, carrying on business in the city of JSTew York.… Rosenberg v. Freeman Page 265 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.… Boocock v. Phipard Page 267 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 The goods in question belonged to Susan J.… Thall v. Carnie Page 270 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… Woolsey v. Donnelly Page 271 The only question on this appeal is one of fact.… Bartlett v. Village of Tarrytown Page 272 The village of Tarrytown, an incorporated village of the state, in 1888 opened John street from its northerly end to Main street.… Wiley v. Village of Tarrytown Page 273 This appeal is from an order appointing a commission, upon the petition of another land-owner on John street.… People v. Nowak Page 274 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.… Jones v. Farrington Page 275 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.… Grauel v. Soeller Page 278 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… Taggart v. Wade Page 279 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.… Jonas v. Blanco Page 280 This action was begun originally against Charles B.… Brentman v. Note Page 281 The language used does not relate to the plaintiff’s trade or calling, and is not actionable per se.… Rosenbaum v. Lawson Page 284 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… Weber v. Demuth Page 286 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.… 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 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.… Cohn v. Anathan Page 295 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… Shaen v. Gumpert Page 296 The plaintiffs are agents for Elston & Balston, manufacturers in England.… The defendant, a corporation, is sought to be charged as indorser of two promissory notes held by the plaintiff.… Friedman v. Eisenberg Page 298 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.… Fowler v. Holmes Page 299 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.… Briggs v. Weidmann Cooperage Co. Page 300 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… People ex rel. Reilly v. Bell Page 301 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… Buhler v. Gibbons Page 303 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.… Brand v. Goodwin Page 305 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… Walton v. Fairchild Page 314 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.… 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.… Gallison & Hobron Co. v. Rawak Page 318 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.… In re the Estate of Cunard Page 319 This is a petition by the ancillary administrator of decedent for the discovery of property under sections 2706-2714 of the Code.… 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… This was an accounting by trustees of a specific trust created by the will of the decedent for the benefit of an insane son.… In re Berrien's Will Page 332 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.… In re the estate of Black Page 341 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… Childs v. Mayer Page 343 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.… Davidge v. Mayo Page 344 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.… In re Gray's Will Page 345 Sarah Gray died in June, 1883, at her residence in Riverhead, Suffolk county.… Ward v. Hudson River Bldg. Co. Page 347 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.… Harrigan v. City of Brooklyn Page 352 This contention involves the construction of section 30, tit.… Nestor v. Bischoff Page 356 By paragraph 3287 of the Code a motion to tax the fees of a sheriff should be made within the county.… Hayward v. Manhattan Railway Co. Page 357 This action is brought to recover for injuries suffered in consequence of the defendant’s negligence.… 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.… Jacobsen v. Cornelius Page 360 The evidence makes out no cause of action, and the plaintiff was properly nonsuited.… Baker v. Hart Page 362 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 A single act of adultery is such a violation of marital obligation as to justify a decree of divorce.… Dwyer v. Rathbone, Sard & Co. Page 366 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.… Brayton v. Sherman Page 369 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… 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.… Dunckel v. Failing Page 374 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.… In re Waack's Estate Page 375 The decree was a final settlement made on a hearing of this petitioner.… Farmilo v. Styles Page 377 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.… Moore v. Higgins Page 378 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.… Phelps v. Erhardt Page 380 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 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.… The plaintiff is a judgment creditor of the Illinois & St. Louis Bridge Company, upon whose judgment an execution has been returned unsatisfied.… Foster v. Roche Page 388 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.… Lennon v. Stiles Page 390 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… Underwood v. Curtis Page 396 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.… In re Kavanagh's Estate Page 404 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… In re Wallace's Estate Page 405 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.… In re Monroe's Estate Page 406 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… In re Kahn's Will Page 409 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… In re Salisbury's Estate Page 413 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.… In re Wadsworth's Estate Page 416 The special guardian has discharged his duty in this proceeding with great thoroughness, and he is entitled to fair compensation for his professional service.… In re Coop's Will Page 417 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.… Shope v. Campbell Page 422 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.… People v. Hazen Page 423 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… Tredwell v. Lincoln Page 424 This is an appeal from a j udgment entered on the report of a referee.… Payne v. City of Brooklyn Page 427 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.… Hasbrouck v. Disbrow Page 428 The allowance of a supplemental answer is not a matter of strict right.… Waterbury v. Eldridge Page 429 The decision of the court below in this matter was as liberal to the defendant as the facts warranted.… Parkhurst v. Berdell Page 430 These two actions were brought to foreclose two mortgages given by Bobert H.… In re Thompson Page 433 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.… Two questions arise in this case, neither of which are very easy to determine.… Cowan v. Snyder Page 438 This action was brought against the defendant for the recovery of damages resulting from injuries sustained by the plaintiff, who was an infant.… McCracken v. Flanagan Page 439 This is an appeal from a judgment in favor of the defendant in an action for the recovery of real property.… Avery v. Equitable Life Assur. Soc. Page 441 In March, 1873, Irving M. Avery procured a policy .on his life for $10,000.… Lyon v. Industrial School Ass'n Page 443 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.… Franc v. Dickinson Page 446 The evidence shows no defense to the note which is the basis of this action.… Lynch v. Brooklyn City Railroad Page 447 This suit is for damages for personal injuries.… Dickerson v. Gordon Page 448 Upon disaffirmance by an infant of a contract it is prima faciehis duty to return the consideration he has received.… In re Hollohan's Will Page 449 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.… Fleming Cut Sole Co. v. Garretson Page 452 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… Ziegler v. Hoagland Page 453 The Boyal Baking Powder Company was organized in 1873.… Mead v. Mead Page 455 The case shows that there is a mortgage outstanding which is an apparent lien on the property sold in partition.… Ball v. McCrea Page 456 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.… People ex rel. Cook v. Hildreth Page 458 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.… Hubbard v. Nearpass Page 460 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.… Dean v. Woodward Page 461 About September 1, 1883, the plaintiff agreed to sell cotton for defendants as a broker.… In re Lantry's Will Page 472 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 These charges are presented by John H. Hulsapple and Tuyus Dodds.… Hoag v. Prime Page 476 The liability of the defendants was limited by the amount mentioned in the undertaking.… Allen v. Allen Page 477 James Allen, the plaintiff herein, loaned to Fitzgerald Bros..… In re Rosecran's Will Page 483 I concur, but I do not think it necessary to construe the will.… Saril v. Payne Page 486 The question raised upon this appeal is one of jurisdiction and not of irregularity.… Jennison v. Knox Page 487 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.… Powell v. Anderson Page 490 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.… 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.… Merwin v. Rogers Page 496 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.… Thompson v. Manhattan Railway Co. Page 498 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.… Lester v. Mann Page 501 If the deed and the declaration created a mortgage, then there would be no doubt that the so-called “foreclosure” was proper.… Ludlow v. Carr Page 501 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.… Pease v. Field Page 504 An examination of the very voluminous case justifies the verdict of the jury.… Myers v. . Cronk Page 506 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… The judgment in Clute v. Emmerich (99 N. Y.… O'Rourke v. . Hadcock Page 511 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.… Cabe & Hobson Ltd. v. Sterling Page 521 This action was brought upon an undertaking executed by the defendant to secure the release of one William W.… Hangen v. . Hachemeister Page 526 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… MacNaughton v. . Osgood Page 531 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.… 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.… This action is for a recovery of damages for a personal injury (Code of Civ.… Kane v. . City of Brooklyn Page 539 The city of Brooklyn, according to its charter, has nine assessors, who are required each year to prepare an assessment-roll for every ward.… 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.… 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.… 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.… Trier v. . Herman Page 552 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.… Moissen v. Kloster Page 553 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.… 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.… People v. . Packenham Page 563 The prisoner was convicted of murder in the first degree, and from that judgment has brought this appeal.… Cleveland v. . City of Yonkers Page 565 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.… Coleman v. . Second Ave. R.R. Co. Page 566 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.… Hayes v. . Nourse Page 569 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.… Winchell v. Scott Page 576 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.… People v. . Sullivan Page 579 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.… 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… People v. Nolan Page 588 The counsel for the defendant has argued two points before us, upon which he claims that the judgment in this case should be reversed.… People v. . Giblin Page 592 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.… People v. Carolin Page 595 The facts fully appear in the opinion of the Court of Appeals.… People v. Lewis Page 597 We have deemed it our duty to examine the record in this case, notwithstanding the.appeal had been substantially abandoned.… Terry v. Bange Page 599 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.… Chapin v. Fitzgerald Page 600 Appellant is in error in contending that the title to the goods had passed to Howard.… This action is for the recovery of the balance upon a contract for building two iron ferry-boats.… Biggs v. Angus Page 605 Defendant’s claim for rent of the house on Franklin avenue was against Francis A.… In re Lyddy's Will Page 607 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.… Yeandle v. Yeandle Page 614 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.… 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… Goodheart v. Latting Page 618 The aqtion was brought to restrain the defendants, as loan commissioners, from making sale of two parcels of land described in the complaint.… The claim made by the plaintiff was for the conversion of ■checks and drafts amounting to the sum of about $57,358.36.… Timpson v. Manhattan Railway Co. Page 629 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.… Bailey v. Prince Page 632 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.… Martin v. Bliss Page 633 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.… 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.… Richardson v. Davidson Page 638 In May, 1887, the defendant commenced three actions-against the plaintiff and others, for the foreclosure of three mortgages.… Rutty v. Consolidated Fruit Jar Co. Page 640 This action was brought to recover damages for the breach of a contract for the manufacture of certain merchandise.… McVicker v. Campanini Page 643 The attachment in question was procured upon the affidavit of the son of the plaintiff.… Schaffer v. Schaffer Page 645 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.… Reck v. Phenix Insurance Page 646 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.… In re Booth's Will Page 647 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.… Garcia v. Callender Page 654 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.… Winton v. Winton Page 656 The defendant was arrested and imprisoned for the non-payment of alimony previously accruing, directed to be paid to the plaintiff by the judgment.… Lett v. Guardian Fire Insurance Page 658 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.… Martin v. Platt Page 662 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.… Kokomo Straw Board Co. v. Inman Page 663 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.… Bruce v. Welch Page 664 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.… Cornish v. Wormser Page 666 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.… Stockwell v. Boyce Page 667 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.… People ex rel. Platt v. Wemple Page 668 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.… In February, 1883, Adams, Shorev, and Everhart formed -■a partnership under the same name with that of the defendant.… In regard to the first cause of action the letter of defendant to Burt, dated August 11, 1881, is very full.… Williams v. Hays Page 683 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.… Kernochan v. Murray Page 684 In view of the decision of the court, of appeals in Kernochan v. Murray, 111 N.… In re Simpson's Estate Page 685 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.… McCabe v. Kenney Page 688 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.… New York Rubber Co. v. Rothery Page 692 This is an appeal from an order made upon the motion to resettle the case in this action, but we think it cannot prevail.… Simonson v. Simonson Page 693 The evidence shows that the plaintiff rendered valuable service to the defendant, and upon his express request.… Wass v. Stephens Page 695 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.… McKane v. Brooklyn Citizen Page 695 The complaint avers a publication by defendant of language alleged to be libelous.… Valentine v. Richardt Page 697 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.… Ottman v. Griffin Page 698 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.… The evidence fully sustains the verdict of the jury in this case.… In re Town of Eastchester Page 700 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 The case shows that Benjamin Laramie was appointed by the surrogate of Kings county administrator of the estate of Harriet M.… The plaintiff in this action is a charitable domestic corporation, organized for purposes of mutual benevolence.… Smith v. Proctor Page 706 There is no question made as to the regularity of the meeting at whicli the vote was taken.… People ex rel. Storms v. Besson Page 707 The taxes of the town of Greenburgh, Westchester county, are collected by special laws.… Smith v. O'Brien Page 708 The proof is sufficient to support the verdict.… Roe v. Strong Page 709 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.… Baylis v. Rooe Page 710 —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.… Smith v. McArthur Page 711 This was an action for damages for an assault.… Halsey v. Beer Page 713 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.… Goetschins v. Hunt Page 717 The defendant’s wife died in 1885. She left nine children ; the youngest, Mary, about five months old.… Cummings v. Brooklyn City Railroad Page 718 It is competent in an action of negligence to prove the situation of the parties, and the circumstances surrounding the transaction.… Riley v. O'Brien Page 720 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.… Raht v. Attrill Page 720 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.… Walsh v. Brown Page 722 This case was decided at the February general term.… It may be doubted whether the papers upon which the attachment was granted were sufficient.… Riley v. Skidmore Page 724 The affidavit made before the justice stated facts sufficient to call for an exercise of his judicial discretion.… People v. Sutton Page 726 This is an appeal from a judgment of conviction of assault in the third degree.… The defendant had a pond of water, with a dam of about six feet high.… Perkins v. Eighmie Page 728 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.… Hawxhurst v. Ritch Page 729 The signature of the deceased to the note presumably made out a consideration for the paper.… Village of Port Jervis v. Close Page 730 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.… McCoun v. Sperb Page 732 The case of Nanz v. Oakley, 37 Hun, 495, is a distinct authority for the'plaintiff in this action.… Parker v. Collins Page 733 There is very little dispute as to the facts in this ease.… Deady v. Fink Page 734 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.… Monks v. Bruce Page 736 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.… Columbia Bank v. Jackson Page 738 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.… Keihen v. Shipherd Page 739 The absence of the referee did not terminate the proceeding, (Allen v. Starring, 26 How.… 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.… Arras v. Richardson Page 742 The action is against the defendant as surety on a lease ex-•eeuted by John Arras, in his life-time, to Hall & Christie.… Agnew v. Brooklyn City Railroad Page 744 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.… Donnelly v. City of Brooklyn Page 745 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.… 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.… 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.… Irwin v. Moubray Page 751 Plaintiffs, brokers, at the request of the defendant, secured purchasers for his vacant lots.… In re Barney Page 752 These proceedings to vacate and set aside assessments were-instituted at various times in 1872, 1873, and 1874.… In re Weil Page 753 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 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… (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.… Hill v. Haberkorn Page 756 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… Fruhauf v. Bendheim Page 759 On July 20, 1886, an ageeement in writing was entered into between the defendant and Jacob L.… Paget v. Pease Page 762 This litigation grows out of certain transactions in reference to the estate of the late Paran Stevens, deceased.… McIntyre v. Costello Page 765 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.… Leszynsky v. Leszynsky Page 768 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.… Birch v. De Rivera Page 770 This is an action upon a guaranty, which reads as follows: “Heidelberg, Germany, 28 October, 1874.… Clews v. Reilly Page 774 This action is to recover the value of certain screenings sold and delivered to the defendant.… In re Roe Page 775 This proceeding was brought for the purpose of procuring the sale of certain real estate which belonged to the estate of Elizabeth F.… Hine v. Cushing Page 778 I concur in the opinion of Mr. Justice Daniels upon the general merits of this controversy.… Stallman v. Kimberley Page 787 This case was tried upon an agreed state of facts, and there are no exceptions.… Hanrahan v. Manhattan Railway Co. Page 790 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.… Williams v. Colby Page 793 In March, 1886, Jacob Christie, Charles C.… Powers v. Clarke Page 795 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.… Kosmak v. Mayor Page 798 The complaint in this action sets up two causes of action.… McBride v. McBride Page 805 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.… Bertholf v. Carr Page 805 The claim of the appellant against the respondent, as executor, was referred to a referee under the statute.… Simmons v. Bigelow Page 806 The order should be affirmed on the opinion of Ingraham, J., at special term.… Cheseborough v. Kimberley Page 807 The review of the order appealed from cannot be made as satisfactorily as if the complaint had formed part of the moving papers.… Schenck v. Marx Page 809 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.… Van Winkle v. Fowler Page 811 The sole question in controversy in this case relates to the con- ■ struction of the following clause in the will of Sarah E.… Wallerstein v. Bohanna Page 814 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.… McCarthy v. Crowley Page 815 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.… Murray v. Archer Page 817 The defendants were proper parties. While they had the property as trustees they were in occupation, and receiving the benefit thereof.… 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.… Jones v. Hawes Page 820 I am of opinion that the learned judge below did not err in refusing to strike out the allegations of the answer as irrelevant.… Hutchins v. Wall Page 821 The action was in foreclosure of mortgage upon real estate.… Van Slyck v. Bush Page 822 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… Village of Palmyra v. Wynkoop Page 824 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.… Bryant v. Town of Randolph Page 825 ‘ 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.… Stewart v. Bates Page 831 The action was ejectment, and the defense was an equitable title in the defendants’ testator.… Coddington v. Bowen Page 832 The plaintiff James Coddington is the general assignee for the benefit of the creditors of John S.… In re Abbey Page 834 Twelve of the jurors signed a verdict that Mr. Abbey was competent to manage his affairs, and was not a lunatic.… 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.… McKay v. Welch Page 838 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… Pickard v. Simpson Page 841 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.… Hollingsworth v. Moulton Page 843 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.… Knight v. Supreme Council Page 845 The defendant is a mutual benefit insurance society incorporated under the laws of the state of Indiana, having subordinate councils in this state.… Pittsburgh Carbon Co. v. McMillin Page 848 This appeal presents questions arising upon exceptions only, and not upon the case.… Smith v. Smith Page 850 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… Broezel v. City of Buffalo Page 852 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.… Hastings v. Brooklyn Life Insurance Page 854 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.… Richardson v. Stevens Page 859 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… Cross v. National Fire Insurance Page 860 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.… Fish v. Colvin Page 865 The action was for broker’s commissions in the exchange of the defendant’s house and lot in Clarkson for city property in Rochester.… Buell v. Van Camp Page 866 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.… Storer v. Times Print. & Pub. Co. Page 868 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.… Bellows v. Courter Page 870 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.… Baskin v. Andrews Page 874 The questions presented by this appeal arise mainly from facts alleged in the complaint and admitted by the answer.… Beary v. Hoster Page 878 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.… Spaulding v. Arnold Page 879 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.… The action was on a policy of insurance in the form of a certificate of membership of the plaintiff in the defendant association.… Halpin v. Finch Page 884 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.… Pixley v. Ingram Page 885 This action was brought upon two promissory notes made by the respondent John C.… In re May Page 887 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 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… Taber v. Erie County Page 889 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.… People ex rel. Vanderveer v. Wilson Page 892 There has always been a difference in the meaning of “unoccupied” lands and “non-resident” lands.… Robostelli v. Noxon Page 894 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.… Davis v. Briggs Page 896 It is clear that the agreement between the defendant and A.… Schork v. Moritz Page 898 This is an appeal from a judgment of the municipal court for twenty-eight dollars, in favor of the plaintiff, and against the defendant.… People ex rel. Thompson v. McComber Page 902 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.… Tiffany v. Gifford Page 906 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.… First National Bank v. Bissell Page 909 J.—This is an action against the defendant as endorser on three promissory notes.… Schwartz v. Allen Page 912 The action is brought for the foreclosure of a mechanic’s lien.… Pryor v. Foster Page 917 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… The complaint states two causes of action in different counts.… The main questions presented by this case have been before disposed of.… 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.… Tilden v. Washburn Page 925 This is an appeal from a judgment entered on the report of the referee dismissing the plaintiff’s complaint, with costs.… Boasburg v. Cronan Page 930 This action, in form, is against Timothy J.… Tigue v. Annowski Page 931 This action was brought to recover $200, claimed to have been loaned to the defendant by the plaintiff in 1882.… People v. Price Page 934 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.… People v. Brower Page 938 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.… Boies v. Gardner Page 940 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… Cox v. Albany Brewing Co. Page 942 The plaintiff was non-suited. He is therefore entitled to the most favorable inferences of which the testimony admits.… Hill v. Board of Supervisors Page 944 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… McGovern v. Central Vermont Railroad Page 946 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.… Whitney v. Town of Ticonderoga Page 950 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.… Ladd v. French Page 952 This case involves a small amount, and yet the principle in question is very important.… Halsey v. Tradesman's National Bank Page 953 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.… Weeks v. Garvey Page 955 The question made by appellant on this appeal arises from the following facts.… Dickson v. Valentine Page 957 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.… Weeks v. Garvey Page 959 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.… Walker v. Second Avenue Railroad Page 961 The action was for damages from alleged negligence of defendant’s servants.… Appleton v. Speer Page 962 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.… Davidson v. Sumner Page 963 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.… Cohu v. Husson Page 965 The action was upon a promissory note, made by the defendant.… People ex rel. Westervelt v. Meyer Page 966 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 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… People ex rel. Winchester v. Coleman Page 970 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.… First Nat. Bank v. Central Nat. Bank Page 977 The questions here considered arise upon a demurrer to the complaint.… Wells v. Knox Page 985 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.… Abegg v. Schwab Page 986 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 This proceeding was commenced the last of December, 1873, to vacate an assessment for a sewer in Seventh avenue, confirmed in May, 1871.… Kouba v. Horacek Page 990 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.… In re Schloman Page 993 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 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.… Mollenbrock v. Meinhard Page 995 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.… Palmer v. Dunham Page 997 The various controversies to which this suit relates arise under the last will and testament of Miss Frances B.… Lewis v. Andrews Page 1001 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.… Glen Cove Manufacturing Co. v. Sutro Page 1005 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… People v. Ketterle Page 1009 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. Partridge v. Reuben Page 1009 See opinion rendered June 3, 1889. Scanlon v. Broply Page 1009 Judgment affirmed, with costs. People v. Ketterle Page 1009 No opinion. Application granted. People v. Shepherd Page 1009 Judgment entered on forfeited recognizance.… People v. Grossman Page 1009 See opinion rendered June 3,1889. 25 N. Y.… Powell v. Anderson Page 1009 See opinion rendered June 3, 1889. People and organizations on PlainSite with a photograph on file, alphabetically. A
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