ease within rule (New York) · Go Syfert
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ease within rule in New York

8 New York opinions name it 2 courts 1902–1966 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in New York.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Holmes v. State green
nyappdiv · 1952
1 sentence

1966As was said in Holmes v. State of New York ( 279 App. Div. 489, 491 ): “What may be a suitable means of access is of course a question of fact”.

11966–1966
Matter of Flicker v. Mac Sign Co. green
ny · 1930
1 sentence

1941We think these facts sufficient to sustain the award, and to bring the ease within the exception noted in Matter of Flicker v. Mac Sign Company ( 252 N. Y. 492 ).

11941–1941
Cromwell v. . the Brooklyn Fire Ins. Co. green
ny · 1870
1 sentence

1934Co., 44 N. Y. 42 ; Dunlop v. Avery, 89 id. 592.) Lazansky, P. J., Hagarty, Carswell, Scudder and Tompkins, JJ., concur.

11934–1934
Larmore v. . Crown Point Iron Co. neutral
ny · 1886
1 sentence

1926(Larmore v. Crown Point Iron Co., 101 N. Y. 391 .) Kelly, P. J., Manning and Young, JJ., concur; Jaycox and Kapper, JJ., dissent, and vote to affirm, upon the ground that defendant was not negligent, and that it violated no duty, either statutory or common law.

11926–1926
Kennedy v. . Kennedy green
ny · 1878
1 sentence

1918Thomas, Mills and Putnam, JJ., concurred; Jenks, P. J., dissented upon the ground that the proof does not establish a ease within the rule of Kennedy v. Kennedy ( 73 N. Y. 369 ); Barber v. Barber ( 168 App. Div. 212 ), and Donohue v. Donohue (180 id. 561), with whom Blackmar, J., concurred.

11918–1918
Barber v. Barber neutral
nyappdiv · 1915
1 sentence

1918Thomas, Mills and Putnam, JJ., concurred; Jenks, P. J., dissented upon the ground that the proof does not establish a ease within the rule of Kennedy v. Kennedy ( 73 N. Y. 369 ); Barber v. Barber ( 168 App. Div. 212 ), and Donohue v. Donohue (180 id. 561), with whom Blackmar, J., concurred.

11918–1918
Haefelin v. McDonald neutral
nyappdiv · 1904
1 sentence

1911The facts alleged, it seems to me, meet the objections pointed out in Haefelin v. McDonald (supra) and bring the ease within the rule that where one party makes a promise for a valuable consideration for the benefit of a third person, that third person may maintain an action upon the promise.

11911–1911
Rochester Telephone Co. v. . Ross neutral
ny · 1909
1 sentence

1911(Rochester Telephone Co. v. Ross, 195 N. Y. 429 ; Pond v. New Rochelle Water Co., 183 id. 330; Buchanan v. Tilden, 158 id. 109; Thorp v. Keokuk Coal Co., 48 id. 253.) In the Thorp, case the court said : “ In such a case it is not needful that there should be any consideration passing from the third person.

11911–1911
White v. Carpenter green
· 1830
1 sentence

1905The authorities to this effect are uniform. ( White v. Carpenter, 2 Paige, 217 ; Sayre v. Townsends, 15 Wend. 647 ; McGowan v. McGowan, 14 Gray, 119 ; Wheeler v. Kirtland, 23 N. J.

11905–1905
Sayre v. Townsends neutral
· 1836
1 sentence

1905The authorities to this effect are uniform. ( White v. Carpenter, 2 Paige, 217 ; Sayre v. Townsends, 15 Wend. 647 ; McGowan v. McGowan, 14 Gray, 119 ; Wheeler v. Kirtland, 23 N. J.

11905–1905
People Ex Rel. Cooper v. Registrar of Arrears of Brooklyn neutral
ny · 1889
1 sentence

1902Cooper v. Registrar of Arrears ( 114 N. Y. 19 ).

11902–1902

Where else courts name it

CA 30 (1907–1968) NY 8 (1902–1966) TX 7 (1911–1934) IA 5 (1929–1986) PA 4 (1892–1976) ID 3 (1906–1925) GA 3 (1907–1934) KY 3 (1877–1917) IN 3 (1908–1927) WV 3 (1910–1932) OK 3 (1910–1938) NC 2 (1911–1954) AZ 2 (1912–1931) MT 2 (1909–1934)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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