Criminal Procedure Procedural History: Trial court denies suppression motion. Affirmed. Facts: McDonough was robbed on March 5. Victim gave police a description of the robber and the vehicle. Victim then began receiving threatening phone calls from the robber. At one point, the robber had victim step outside and saw the same car she had seen [...]
Archive for the ‘Briefs’ Category
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Katz v. United States – Case Brief
Posted by LawRiotAdmin on August 13th, 2010
Criminal Procedure Procedural History: • Convicted of transmitting wagering information. • Reversed. Facts: • Police placed a listening device outside of a public telephone booth. • Katz was being suspected of transmitting gambling information from that public telephone booth. • Using the information obtained from the listening device on the public telephone booth, Katz was [...]
R.E. Davis Chemical Corp v. Diasonics, Inc. – Case Brief
Posted by LawRiotAdmin on April 14th, 2010
Contracts Brief R.E. Davis Chemical Corp v. Diasonics, Inc. Procedural History: District Court denies Diasonics motion for summary judgment. District Court grants R.E. summary judgment motion. Diasonic appeals these rulings. Diasonic also appeals the order dismissing its third-party complaint against Dobbin and Valvassori. Affirmed the dismissal of the third-party complaint. Reversed the grant of summary [...]
Gerruth Realty Co. v. Pire – Case Brief
Posted by LawRiotAdmin on April 2nd, 2010
Property Brief Gerruth Realty Co. v. Pire Procedural History: Lower court concluded that defendants were entitled to a dismissal of the complaint. Plaintiffs appeal. Affirmed. Facts: June 15, 1960, defendants signed an instrument designated “Deposit Receipt and Purchase Agreement” and it was thus accepted by the plaintiff. Purchase price was for property worth $30,000. $5,000 [...]
Skendzel v. Marshall – Case Brief
Posted by LawRiotAdmin on April 2nd, 2010
Property Brief Skendzel v. Marshall Procedural History: Lower court ruled for the defendant. Appealed. Reversed. Appealed. Reversed and Remanded with Instructions. Facts: December 1958, Burkowski, as vendor, entered into a land sale contract with March, as vendees. Contract provided for the sale of certain real estate for the sum of $36,000 with specifications as to [...]
Union Bond & Trust Co. v. Blue Creek Redwood Co. – Case Brief
Posted by LawRiotAdmin on April 2nd, 2010
Property Brief Union Bond & Trust Co. v. Blue Creek Redwood Co. Procedural History: Trial Court ruled for the Defendant. Appealed. Preliminary decree allowing plaintiff to complete the contract within a specified time by paying the entire purchase price together with the defendant’s damages resulting from the delay in performance. Facts: May of 1946, the [...]
Raffles v. Wichelhaus (Peerless Case) – Case Brief
Posted by LawRiotAdmin on March 31st, 2010
Contracts Brief Raffles v. Wichelhaus Procedural History: Judgment for the Defendant. Facts: It was agreed that the plaintiff would sell the defendant 125 bales of Surat cotton. It was to arrive on the Peerless from Bombay. The defendants would pay at the rate of 17 ¼ d. per pound within a certain time then agreed [...]
Colfax Envelope Corp. v. Local No. 458-3M – Case Brief
Posted by LawRiotAdmin on March 31st, 2010
Contracts Brief Colfax Envelope Corp. v. Local No. 458-3M Procedural History: District Judge granted summary judgment for the union. Appealed. Affirmed. Facts: Colfax is a manufacturer of envelopes. Colfax currently has two printing presses. One prints 78-inch wide sheets in four colors. One prints 78-inch wide sheets in five colors. Colfax has too few employees [...]
Trident Center v. Connecticut General Life Ins. Co. – Case Brief
Posted by LawRiotAdmin on March 30th, 2010
Contracts Brief Trident Center v. Connecticut General Life Ins. Co. Procedural History: District Court dismissed Tridents case. Appealed. Reversed and Remanded to District Court. Facts: In 1983 Security First Life Insurance Company and the law firms of several attorneys formed a limited partnership for the purpose of constructing an office building complex. The partnership, Trident [...]
Greenfield v. Philles Records, Inc. – Case Brief
Posted by LawRiotAdmin on March 30th, 2010
Contracts Brief Greenfield v. Philles Records, Inc. Procedural History: Supreme Court ruled in favor of the Plaintiffs. Appealed. Affirmed. Appealed. The order of the Appellate Division should be modified, without costs, and the case remitted to Supreme Court for further proceedings in accordance with this opinion and, as so modified, affirmed. Facts: The contract in [...]
