New York Court of Appeals, 1905

115 opinions

The People of the State of New York ex rel. Emma L. Moller et al., as Executors and Trustees under the Will of Joseph II. Godwin, Deceased, Appellants, v. Frank A. ODonnel et al., as Commissioners of Taxes and Assessments of the City of New York, Respondents 1905-10-24
The City of Rochester, Appellant, v. Fourteenth Ward Co-operative Building Lot Association, Respondent, Impleaded with Others 1905-10-24
Elizabeth Koehler, as Administratrix of the Estate of John Koehler, Deceased, Appellant, v. The New York Steam Company, Respondent 1905-10-24
James W. Thayer, an Infant, by Charles Kilkeny, His Guardian ad Litem, Respondent, v. Utica Knitting Company, Appellant 1905-10-24
In the Matter of the Opening of Crescent Avenue, from Arthur Avenue to East One Hundred and Eighty-seventh Street in the City of New York. Barclay E. V. McCarty et al., Composing the Partnership of McCarty & Baldwin, Appellants; Empire City Savings Bank, Respondent 1905-10-24
George M. Boynton, as Receiver of the Property of Leon Marie, Respondent, v. Henry L. Sprague et al., Appellants 1905-10-27
David M. H. Place, Respondent, v. Georgiana Estelle Kennedy, Appellant, Impleaded with Others 1905-10-27
Fritz Lory, Respondent, v. The Town of Herkimer, Appellant 1905-10-27
Lemanda J. Irish, as Administratrix of the Estate of Algy J. Irish, Deceased, Respondent, v. The Union Bag and Paper Company, Appellant 1905-10-27
J. Quintus Cohen, as Trustee of the Estate of John T. Lee, Bankrupt, Appellant, v. Mortimer H. Wagar, as President of the Consolidated Stock and Petroleum Exchange of New York, Respondent 1905-10-27
Catherine Kalb et al., Appellants, v. John J. Kalb, Respondent 1905-10-27
George E. Spencer, Appellant, v. Arabella D. Huntington et al., as Executors of Collis P. Huntington, Deceased, Respondents 1905-10-27
Frank C. Clark, Appellant, v. Metropolitan Street Railway Company, Respondent 1905-10-27
Edward D. Farrell, as Receiver of the Cobleskill Quarry Company, Respondent, v. Patrick Ryan et al., Appellants 1905-10-27
Neil McMahon, an Infant, by Lucinda McMahon, His Guardian ad Litem, Appellant, v. Crucible Steel Company of America, Respondent 1905-10-27
William S. Bartlemes, as Administrator of the Estate of Charles M. English, Deceased, Respondent, v. Edward F. Lathrop et al., Appellants 1905-10-27
Joseph Foster, Jr., Respondent, v. International Paper Company, Appellant 1905-10-27
John McClure, as Trustee of Julia P. Kirkland under the Will of Charles P. Kirkland, Respondent, v. Robert J. Leaycraft, Appellant 1905-10-27
Albert J. Wheeler, as Receiver of the German Bank of Buffalo, Respondent, v. Joseph H. Eckert et al., Appellants 1905-10-27
John H. Springer, as Receiver of the Springer & Welty Company, Appellant, v. The Fuchs & Lang Manufacturing Company, Respondent 1905-10-27
Dometille Denison, Individually and as Trustee under the Will of Noel J. Becar, Deceased, Respondent, v. William R. Denison et al., Appellants, Impleaded with Others 1905-10-27
James Buckley, as Administrator of the Estate of John M. Golden, Deceased, Appellant, v. Westchester Lighting Company, Respondent 1905-10-27
Max Meuer, Respondent, v. The Phenix National Bank, Appellant 1905-10-27
The People of the State of New York, Respondent, v. Albert T. Patrick, Appellant 1905-10-27
David J. McGown et al., Appellants, v. Curtis A. Barnum et al., Respondents 1905-10-27
Rinehart Kuelling, Appellant, v. Roderick Lean Manufacturing Company, Respondent 1905-11-21
William Hogg et al., Individually and as Executors of Agnes Hogg, Deceased, Respondents, v. Eliza R. Rose et al., Defendants, and George T. Hogg, Appellant 1905-11-21
Paul V. Flynn, as Executor of Mary M. McDermott, Deceased, Respondent, v. Michael F. McDermott, as Executor of John McDermott, Deceased, Appellant 1905-11-21
Chemical National Bank of New York, Respondent, v. Amy H. Kellogg, Appellant 1905-11-21
Jennie B. Eggleston, Respondent, v. The Town of Chautauqua, Appellant 1905-11-21
Mary E. Busha, as Administratrix of the Estate of Fred N. Busha, Deceased, Respondent, v. Alice Falls Company, Appellant 1905-11-21
Mary Mullins, Respondent, v. Siegel-Cooper Company, Appellant 1905-11-21
Elizabeth D. Miller, Appellant, v. New York and North Shore Railway Company, Respondent 1905-11-21
John Best, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant 1905-11-21
Samuel Moskowitz, Appellant, v. The Brooklyn Heights Railroad Company, Respondent 1905-11-21
Catherine E. Platt, Respondent, v. The Village of Oneonta, Appellant 1905-11-21
Clara B. Myers, Appellant, v. Mary J. Hobson, Individually and as Administratrix of the Estate of George H. Myers, Deceased, et al., Respondents 1905-11-21
William F. McCarthy, Respondent, v. John F. Meaney et al., Appellants 1905-11-21
Nellie E. Chamberlain, as Administratrix of the Estate of John H. Markell, Deceased, Respondent, v. Samuel K. Nester, Appellant 1905-11-21
William C. Keller, as Administrator of the Estate of Daniel Keller, Deceased, Appellant, v. Erie Railroad Company, Respondent 1905-11-21
Elizabeth S. Fox, as Administratrix of Ernest Fox, Deceased, Respondent, v. The Village of Manchester et al., Appellants, Impleaded with Others 1905-11-21
Penn Collieries Company, Respondent, v. Edward J. McKeever, Appellant 1905-11-21
Oliver Williams, Respondent, v. Central Railroad Company of New Jersey, Appellant 1905-11-21
In the Matter of the Accounting of Anna M. C. Wilkin, as Trustee under the Will of James Cunningham, Deceased, Appellant. Charles E. Cunningham, Appellant; Mary E. Cunningham et al., Respondents 1905-11-21
John H. Somers, Respondent, v. Oscar J. Gude, Appellant 1905-11-21
Nellie M. Holcomb, as Administratrix of the Estate of George F. Holcomb, Deceased, Respondent, v. New York Central and Hudson River Railroad Company, Appellant 1905-11-21
Annette E. Winehill, Respondent, v. Consolidated Gas Company of New York, Appellant 1905-11-21
Sophia Wagner, as Administratrix of the Estate of Nicholas Wagner, Deceased, Appellant, v. The New York, Chicago and St. Louis Railroad Company, Respondent 1905-11-21
Isaac N. Roth, Respondent, v. Julia Roth, Appellant 1905-11-21
Birmingham Trust and Savings Company, Respondent, v. Peter Whitney, Appellant 1905-11-21
Fannie C. Handy, as Administratrix of the Estate of William C. Handy, Deceased, Respondent, v. Metropolitan Street Railway Company, Appellant 1905-11-21
The Town of Southold, Appellant, v. Francis B. Parks et al., Respondents 1905-11-21
Anna F. Davidson, Appellant, v. Louisa M. Gerry, Respondent 1905-11-21
James Kilpatrick, Appellant, v. The Germania Life Insurance Company, Respondent 1905-11-21
The People of the State of New York ex rel. Gamaliel T. Conine, Appellant, v. The County of Steuben et al., Respondents 1905-11-21
The Pratt Institute, Appellant, v. The City of New York, Respondent 1905-11-21
Sebastian Kable, Respondent, v. Rochester Gas and Electric Company, Appellant 1905-11-21
Willis W. Russell, Appellant, v. Horace Inman et al., Trading under the Name of Inman Manufacturing Company, Respondents 1905-11-21
Edward La Montagne, Jr., et al., Appellants, v. The Bank of New York National Banking Association, Respondent 1905-11-21
Adele Baldwin et al., as Administrators of the Estate of Elizabeth B. Rice, Deceased, Appellants and Respondents, v. William M. Rice, Jr., et al., as Executors of William M. Rice, Deceased, Respondents and Appellants 1905-11-21
Milton L. Kahner, an Infant, by Lazarus Kahner, His Guardian ad Litem, Respondent, v. Otis Elevator Company, Appellant 1905-11-21
Walter Scott, Respondent, v. Charles G. Conn, Appellant 1905-11-21
George Crawford, Respondent, v. The Trusts and Guarantee Company, Limited, as Administrator of the Estate of George W. Todd, Deceased, Appellant 1905-11-21
Meny Jacobs, as President of the Protective Coat Tailors and Pressers Union, Local 55, of the United Garment Workers of America, Appellant, v. Morris Cohen et al., Comprising the Firm of M. Cohen & Son, et al., Respondents 1905-11-28
The People of the State of New York, Respondent, v. Albert T. Patrick, Appellant 1905-11-28
Florence L. Pimel, Respondent, v. Christopher Betjemann as Executor of John Bahrenburg, Appellant 1905-11-28
Edward Voss, Respondent, v. George Moore Smith, as Receiver of the E. C. Bell Manufacturing Company, Appellant. Julius M. Mayer, Attorney-General of the State of New York, Appellant 1905-11-28
Max Bachman, Respondent, v. Charles H. Harrington, as President of Rochester Musicians Protective Association, Appellant 1905-11-28
Siebrand H. Niewenhous, Respondent, v. New York and Harlem Railroad Company et al., Appellants 1905-11-28
Nora Dolan et al., Respondents, v. The New York and Harlem Railroad Company et al., Appellants, Impleaded with Another 1905-11-28
The People of the State of New York ex rel. Wm. Haley, Appellant, v. Daniel W. Cahill, as President of the Common Council of the City of Watertown, et al., Respondents 1905-11-28
The People of the State of New York ex rel. Emma L. Moller et al., as Executors and Trustees under the Will of Joseph H. Godwin, Deceased, Appellants, v. Frank A. ODonnel et al., as Commissioners of Taxes and Assessments of the City of New York, Respondents 1905-11-28
Jessie M. Jones, Otherwise Known as Jessie M. Brinsmade, Respondent, v. Charles L. Brinsmade, Appellant 1905-12-05
The People of the State of New York ex rel. James J. Armstrong, Appellant, v. The Warden of the City Prison of the City of New York, Respondent 1905-12-05
In the Matter of the Application of Sarah Ziegler, Respondent. David B. Sickels, as Receiver of the Harlem River Bank, Appellant 1905-12-05
Thomas Tindle et al., Respondents, v. Clarence T. Birkett, Appellant 1905-12-05
Mary A. Williams et al., as Executors of Charles N. Williams, Deceased, et al., Appellants, v. The Board of Canvassers of the County of Essex, Respondent 1905-12-05
In the Matter of the Appraisal, under the Transfer Tax Act, of the Property of Potter Palmer, Deceased. Adrian C. Honoré, as Executor, et al., Appellants; The Comptroller of the State of New York, Respondent 1905-12-05
The People of the State of New York ex rel. Patrick F. Ryan, Appellant, v. Thomas Sturgis, as Fire Commissioner of the City of New York, Respondent 1905-12-05
James A. Gearty, Appellant, v. The Mayor, Aldermen and Commonalty of the City of New York, Respondent 1905-12-05
The People of the State of New York ex rel. David Rothschild, Appellant, v. Robert Muh et al., Composing the Board of Assessors of the City of New York, et al., Respondents 1905-12-05
The People of the State of New York, Respondent, v. Louis Zabor, Appellant 1905-12-05
In the Matter of the Application of the City of New York, Appellant, for a Writ of Certiorari against Elbert Sloat et al., as Assessors of the Town of Carmel, Respondents 1905-12-05
William H. Collister, Appellant, v. Albert Hayman et al. Respondents 1905-12-05
In the Matter of the Petition of Henry C. Soop, as Agent and Attorney of the Estate of Thomas Cornell, Appellant, v. Webster H. Burhans, Respondent 1905-12-05
In the Matter of the Application of Joseph Benedetto, Respondent. Salvatore Caporale, Appellant 1905-12-05
In the Matter of the Application of the City of New York, Appellant, for a Writ of Certiorari against Richard Mitchell et al., as Assessors of the Town of Southeast, Respondents 1905-12-05
The People of the State of New York ex rel. The Farcy & Oppenheim Company, Respondent, v. James L. Wells et al., as Commissioners of Taxes and Assessments of the City of New York, Appellants 1905-12-05
Henry Sundheimer, Respondent, v. The City of New York, Appellant 1905-12-05
In the Matter of the Application of the City of New York, Appellant, for a Writ of Certiorari against Elijah K. Wixom et al., as Assessors of the Town of Kent, Respondents 1905-12-06
Rosa Gunderson, as Administratrix of the Estate of Peter A. Gunderson, Deceased, Respondent, v. Roebling Construction Company, Appellant, Impleaded with Another 1905-12-08
Denys W. Corbet, Appellant, v. Manhattan Brass Company, Respondent 1905-12-12
John G. Carlisle, Respondent, v. Reon Barnes, Appellant 1905-12-12
William Lay et al., Respondents, v. Michael Doyle, Appellant 1905-12-12
John W. Daly, Respondent, v. Paul F. Reineldt et al., Appellants, Impleaded with Others 1905-12-12
Alice C. Hunt, as Administratrix of the Estate of George A. Hunt, Deceased, Respondent, v. Dexter Sulphite Pulp and Paper Company, Appellant 1905-12-12
John Charles Miller, Respondent, v. Seneca River Power Company et al., Appellants 1905-12-12
The People of the State of New York, Respondent, v. Stephen A. Ingham, Appellant 1905-12-12
Frederick Dassori, Appellant, v. The City of New York, Respondent 1905-12-12
John J. Welstead, Respondent, v. James E. Jennings, Appellant 1905-12-12
The People of the State of New York, Respondent, v. Charles Seeley, Appellant 1905-12-12
Union National Bank of Lewisburg, Pennsylvania, Respondent, v. Mary C. Leary, as Administratrix of the Estate of James D. Leary, Deceased, Appellant 1905-12-12
Mary L. Decker, Respondent, v. Hiram Kells, Individually and as Guardian of Mary L. Decker, Appellant 1905-12-12
In the Matter of the Appraisal under the Transfer Tax Act of the Estate of Laura Astor Delano, Deceased. Arthur Astor Carey et al., Appellants; The Comptroller of the State of New York, Respondent 1905-12-12
William Kemble, Respondent, v. The Rondout National Bank of Kingston, Appellant 1905-12-12
In the Matter of the Application of William Randolph Hearst et al., Respondents, for a Writ of Mandamus against David J. Woelper et al., as Inspectors of Elections in the Second Election District of the Sixth Assembly District in the County of New York et al., Appellants 1905-12-13
Charles H. Williams, Respondent, v. The Village of Port Chester, Appellant 1905-12-13
Fanny H. Youngs, Individually and as Executrix of Thomas F. Youngs, Deceased, et al., Respondents, v. Ada C. Youngs, Individually and as Administratrix of the Estate of Graham Youngs, Deceased, Defendant; Graham Youngs et al., Appellants, and Alice E. Nash et al., Respondents, Impleaded with Others 1905-12-15
Christopher J. Banta, Respondent, v. Thomas B. Merchant, Appellant 1905-12-15
Elizabeth OBrien, as Administratrix of the Estate of John Coyle, Deceased, Appellant, v. Buffalo Furnace Company, Respondent 1905-12-15
Rose E. Dougherty, as Executrix of Daniel Dougherty, Deceased, et al., Appellants, v. The Lion Fire Insurance Company (Limited) of London, Respondent, and Daniel Dougherty, Jr., et al., Appellants 1905-12-15
Emma F. Cuyler, as Administratrix of the Estate of George N. Cuyler, Deceased, Respondent, v. Matthew J. Wallace et al., as Executors of George Cuyler, Deceased, Appellants 1905-12-15
John J. Conley, Appellant, v. The Lackawanna Iron and Steel Company, Respondent 1905-12-15
The Schaghticoke Powder Company, Appellant, et al. v. The Greenwich and Johnsonville Railway Company, Defendant, and I. M. Ludington, Respondent, Impleaded with Others 1905-12-15
John Fallon, as Administrator of the Estate of Michael Fallon, Deceased, Appellant, v. William C. Howard, Respondent 1905-12-15