wisdom rule in New York

1996The net consequence is that rather than assessing the real impact, if any, of innocuous labels on verdict sheets — "however limited, neutral and helpful [they] might be, especially in distinguishing two similar crimes or crimes of the same name" — Appellate Divisions instead are constrained to reverse convictions automatically and repeatedly, as this Court has instructed and is now doing itself ( People v Rogers , 181 AD2d 419 ["Whatever we think of the wisdom of such a rule, we are bound by precedent"], vacated 184 AD2d 453 ).

1996The net consequence is that rather than assessing the real impact, if any, of innocuous labels on verdict sheets — "however limited, neutral and helpful [they] might be, especially in distinguishing two similar crimes or crimes of the same name” — Appellate Divisions instead are constrained to reverse convictions automatically and repeatedly, as this Court has instructed and is now doing itself (People v Rogers, 181 AD2d 419 ["Whatever we think of the wisdom of such a rule, we are bound by precedent”], vacated 184 AD2d 453 ).

1949The wisdom of the rule in Matter of White, supra [ 119 App. Div. 140 ], is borne out by the difficulty of disposing of the issues here.

1949The wisdom of the rule in Matter of White, supra [ 119 App. Div. 140 ], is borne out by the difficulty of disposing of the issues here.

1996The net consequence is that rather than assessing the real impact, if any, of innocuous labels on verdict sheets — "however limited, neutral and helpful [they] might be, especially in distinguishing two similar crimes or crimes of the same name" — Appellate Divisions instead are constrained to reverse convictions automatically and repeatedly, as this Court has instructed and is now doing itself ( People v Rogers , 181 AD2d 419 ["Whatever we think of the wisdom of such a rule, we are bound by precedent"], vacated 184 AD2d 453 ).

1996The net consequence is that rather than assessing the real impact, if any, of innocuous labels on verdict sheets — "however limited, neutral and helpful [they] might be, especially in distinguishing two similar crimes or crimes of the same name” — Appellate Divisions instead are constrained to reverse convictions automatically and repeatedly, as this Court has instructed and is now doing itself (People v Rogers, 181 AD2d 419 ["Whatever we think of the wisdom of such a rule, we are bound by precedent”], vacated 184 AD2d 453 ).

1965(Keller v. State of New York, 19 Misc 2d 794 ; Boynton v. State of New York, supra, p. 13.) The wisdom of this rule is apparent for the line must be drawn somewhere.

1949If this court attempted to hear and determine this controversy it would be compelled to act on equitable principles on the theory that the respondent was a trustee.” Again, in Matter of Luksin ( 160 Misc. 926, 927 ) the court stated the rule: “ The jurisdiction of the surrogate is limited to specific property or its proceeds or value and may not be extended to enforce the collection of a simple debt.

1928Co., Id. 239, 255 ; Lissner v. Haynes Automobile Co., 105 Misc. 359 .) The wisdom of the rule as established in this State is obvious.

1925(Colman v. Crump, 70 N. Y. 573 .) The defendants themselves do not seriously contest the liability to confusion by reason of the similarity of dress of their product with plaintiff’s, but rest their defense mainly upon the ground that plaintiff has no proprietary right in the peculiar combination of colors which, they contend, was in prior use by other manufacturers before it was adopted by Luxor.

1906Proc. § 541; Southwick v. First National Bank of Memphis, 84 N. Y. 420 .) ■An appeal from an order denying a motion for a new trial on the ground of newly-discovered .evidence was argued with the -appeal from the judgment, and while we cannot and, of course, do not consider the papers used on such motion in determining this appeal, I refer to such, motion here because it furnishes an apt illustration of the wisdom of the rule which requires the complaint to contain a clear, concise and-unequivocal statement of the facts constituting each cause of action, thereby preventing its use as. a means

1863The rule adopted in Connecticut, in Hart v. Chalker ( 14 Conn., 77 ), on which the court below placed much reliance, is, that "where a mortgage is given to secure an ascertained debt, the amount of the debt ought to be stated." I am not disposed *Page 355 to question the wisdom of this rule, although it would sometimes be inconvenient and do injustice, and its propriety is not free from doubt (see 5 Conn., 449 ); but I cannot deduce it from our statute, which merely provides that conveyances not recorded shall be void against purchasers.

1834The incidental remarks of Chief Justice Savage, 2 Wendell, 575 , referred only to the reasonableness of preferring a party’s acknowledgment, to proof of the signature of a subscribingwitness.