case fairly within rule (New York) · Go Syfert
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case fairly within rule in New York

9 New York opinions name it 4 courts 1878–1910 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 (17)

CaseCitedYears
Coughtry v. . Globe Woolen Co. green
ny · 1874
2 sentences

1882The same principle was recognized in Coughtry v. The Globe Woolen Co. ( 56 N. Y. 124 ,) and applied to the case of a scaffold.

1882The same principle was recognized in Coughtry v. Globe Woolen Co. ( 56 N. Y. 124 ) and applied to the- case of a scaffold.

21882–1882
Windmuller v. Goodyear Tire & Rubber Co. green
nyappdiv · 1908
1 sentence

1910These facts distinguish the case from the Nassoiy and Fuller Cases (supra), upon which the defendant relies, and I think bring the case fairly within the doctrine of Eames Vacuum Brake Co. v. Prosser ( 157 N. Y. 289 ) and Laroe v. Sugar Loaf Dairy Co. (180 id. 367 ), which distinguish and limit the former cases, and Komp v. Raymond (175 id. 102), Windmuller v. Goodyear Tire & Rubber Co. ( 123 App. Div. 424 ) and Strock v. Brigantine, Transportation Co. ( 23 Misc.

11910–1910
Eames Vacuum Brake Co. v. . Prosser green
ny · 1898
2 sentences

1910These facts distinguish the case from the Nassoiy and Fuller Cases (supra), upon which the defendant relies, and I think bring the case fairly within the doctrine of Eames Vacuum Brake Co. v. Prosser ( 157 N. Y. 289 ) and Laroe v. Sugar Loaf Dairy Co. (180 id. 367 ), which distinguish and limit the former cases, and Komp v. Raymond (175 id. 102), Windmuller v. Goodyear Tire & Rubber Co. ( 123 App. Div. 424 ) and Strock v. Brigantine, Transportation Co. ( 23 Misc.

1910These facts distinguish the case from the Nassoiy and Fuller Cases (supra), upon which the defendant relies, and I think bring the case fairly within the doctrine of Eames Vacuum Brake Co. v. Prosser ( 157 N. Y. 289 ) and Laroe v. Sugar Loaf Dairy Co. (180 id. 367 ), which distinguish and limit the former cases, and Komp v. Raymond (175 id. 102), Windmuller v. Goodyear Tire & Rubber Co. ( 123 App. Div. 424 ) and Strock v. Brigantine, Transportation Co. ( 23 Misc.

11910–1910
Strock v. Brigantine Transportation Co. neutral
nyappterm · 1898
1 sentence

1910These facts distinguish the case from the Nassoiy and Fuller Cases (supra), upon which the defendant relies, and I think bring the case fairly within the doctrine of Eames Vacuum Brake Co. v. Prosser ( 157 N. Y. 289 ) and Laroe v. Sugar Loaf Dairy Co. (180 id. 367 ), which distinguish and limit the former cases, and Komp v. Raymond (175 id. 102), Windmuller v. Goodyear Tire & Rubber Co. ( 123 App. Div. 424 ) and Strock v. Brigantine, Transportation Co. ( 23 Misc.

11910–1910
Gay v. . Seibold neutral
ny · 1884
1 sentence

1908(See Gay v. Seibold, 97 N. Y. 472 .) If the orders were not given at thg time the bribe was offered, so that the agreement to bribe and the agreement to place the orders constituted one transaction which' would vitiate the whole, they were at least based upon and placed pursuant to the agreement of the plaintiff to bribe the purchasing agent of the defendant, which brings the case fairly within the rule that every agreement, although founded in pari on a new legal consideration, founded upon, auxiliary to, or made to carry into effect any of the unexecuted provisions of a previous illegal cont

11908–1908
Gray v. . Hook green
ny · 1851
1 sentence

1908(Gray v. Hook, supra; Barton v. Port Jackson & U. F. P. R.

11908–1908
People v. Barondess green
nysupct · 1891
1 sentence

1907The facts bring the case fairly within the doctrine of People v. Barondess ( 61 Hun, 571 ) wherein the Court of Appeals affirmed the conviction upon the dissenting opinion of.

11907–1907
Wakeman v. . Sherman green
ny · 1853
1 sentence

1905And it seems to me that 'this brings the case fairly within the doctrine of Wakeman v. Sherman, 9 N. Y. 85 , where it is held “ that to revive a demand thus barred, there must be an express promise to pay, * * * or an acknowledgment of the debt as subsisting * * * made to the creditor or someone acting for him, or if made to a third person must be calculated and intended to influence the action of the creditor.” The payment of the interest to Mrs. Purdy must have-been with the purpose to prevent action by ¡Mr. Bulger to compel the restitution of the money.

11905–1905
Handshaw v. Arthur neutral
nyappdiv · 1896
1 sentence

1903(Harman v. Tappenden, 1 East, 555; Barhyte v. Shepherd, 35 N. Y. 238 ; Jenkins v. Waldron, 11 Johns. 114 ; Porter v. Haight, 45 Cal. 631 ; Downer v. Lent, 6 id. 94; Ackerley v. Parkinson, 3 Maule & S. 411; Jones v. Brown, 54 Iowa, 74 ; Handshaw v. Arthur, 9 App. Div. 175 ; affd., 161 N. Y. 664 .) As shown in the statement of facts, the plaintiff’s main purpose in bringing the action is to recover damages for injury to his business reputation, and his counsel likens the action to one for slander or libel.

11903–1903
Barhyte v. . Shepherd green
ny · 1866
1 sentence

1903(Harman v. Tappenden, 1 East, 555; Barhyte v. Shepherd, 35 N. Y. 238 ; Jenkins v. Waldron, 11 Johns. 114 ; Porter v. Haight, 45 Cal. 631 ; Downer v. Lent, 6 id. 94; Ackerley v. Parkinson, 3 Maule & S. 411; Jones v. Brown, 54 Iowa, 74 ; Handshaw v. Arthur, 9 App. Div. 175 ; affd., 161 N. Y. 664 .) As shown in the statement of facts, the plaintiff’s main purpose in bringing the action is to recover damages for injury to his business reputation, and his counsel likens the action to one for slander or libel.

11903–1903
Handshaw v. . Arthur neutral
ny · 1900
1 sentence

1903(Harman v. Tappenden, 1 East, 555; Barhyte v. Shepherd, 35 N. Y. 238 ; Jenkins v. Waldron, 11 Johns. 114 ; Porter v. Haight, 45 Cal. 631 ; Downer v. Lent, 6 id. 94; Ackerley v. Parkinson, 3 Maule & S. 411; Jones v. Brown, 54 Iowa, 74 ; Handshaw v. Arthur, 9 App. Div. 175 ; affd., 161 N. Y. 664 .) As shown in the statement of facts, the plaintiff’s main purpose in bringing the action is to recover damages for injury to his business reputation, and his counsel likens the action to one for slander or libel.

11903–1903
Porter v. Haight neutral
cal · 1873
1 sentence

1903(Harman v. Tappenden, 1 East, 555; Barhyte v. Shepherd, 35 N. Y. 238 ; Jenkins v. Waldron, 11 Johns. 114 ; Porter v. Haight, 45 Cal. 631 ; Downer v. Lent, 6 id. 94; Ackerley v. Parkinson, 3 Maule & S. 411; Jones v. Brown, 54 Iowa, 74 ; Handshaw v. Arthur, 9 App. Div. 175 ; affd., 161 N. Y. 664 .) As shown in the statement of facts, the plaintiff’s main purpose in bringing the action is to recover damages for injury to his business reputation, and his counsel likens the action to one for slander or libel.

11903–1903
Jenkins v. Waldron green
nysupct · 1814
1 sentence

1903(Harman v. Tappenden, 1 East, 555; Barhyte v. Shepherd, 35 N. Y. 238 ; Jenkins v. Waldron, 11 Johns. 114 ; Porter v. Haight, 45 Cal. 631 ; Downer v. Lent, 6 id. 94; Ackerley v. Parkinson, 3 Maule & S. 411; Jones v. Brown, 54 Iowa, 74 ; Handshaw v. Arthur, 9 App. Div. 175 ; affd., 161 N. Y. 664 .) As shown in the statement of facts, the plaintiff’s main purpose in bringing the action is to recover damages for injury to his business reputation, and his counsel likens the action to one for slander or libel.

11903–1903
Jones v. Brown green
iowa · 1880
1 sentence

1903(Harman v. Tappenden, 1 East, 555; Barhyte v. Shepherd, 35 N. Y. 238 ; Jenkins v. Waldron, 11 Johns. 114 ; Porter v. Haight, 45 Cal. 631 ; Downer v. Lent, 6 id. 94; Ackerley v. Parkinson, 3 Maule & S. 411; Jones v. Brown, 54 Iowa, 74 ; Handshaw v. Arthur, 9 App. Div. 175 ; affd., 161 N. Y. 664 .) As shown in the statement of facts, the plaintiff’s main purpose in bringing the action is to recover damages for injury to his business reputation, and his counsel likens the action to one for slander or libel.

11903–1903
Seymour v. Cowing neutral
ny · 1864
1 sentence

1897(Miller v. Gambie, 4 Barb. 146 ; Seymour v. Cowing, 1 Keyes, 532 .) The doctrine established by the authorities just cited has been repeatedly recognized and adopted by the courts of this State.

11897–1897
Miller v. Gambie neutral
nysupct · 1848
1 sentence

1897(Miller v. Gambie, 4 Barb. 146 ; Seymour v. Cowing, 1 Keyes, 532 .) The doctrine established by the authorities just cited has been repeatedly recognized and adopted by the courts of this State.

11897–1897
Buell v. . the Trustees of the Village of Lockport neutral
ny · 1853
1 sentence

1878This brings the case fairly within the principle decided by the Court of Appeals in the case of Buell v. The Trustees of Lockport ( 8 N. Y. 55 ).

11878–1878

Where else courts name it

NY 9 (1878–1910) KS 5 (1888–1982) TX 4 (1903–1927) PA 4 (1891–1929) CO 3 (1880–1881) CA 3 (1923–1937) MS 2 (1882–1924) IA 2 (1906–1907)

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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