Anderson v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from. Special Term, New York County. Action by William S. Anderson and another against the New York & Harlem Railroad Company, the New York Central & Hudson River Railroad Company, the New York, New Haven & Hartford Railroad Company, and Everett P. Wheeler. From a judgment for plaintiffs, defendants appeal.
1Opinion of the CourtMcLAUGHLIN, J.
On the 19th of December, 1896, the plaintiffs were the owners of certain real estate situate on Park avenue, in the city of New York, and on that day entered into a written contract to convey the same in exchange for other property to one Hodges. The contract contained the following provision:
“And whereas in this exchange of properties that agreed to be conveyed by the parties of the second part [the plaintiffs in this action] is valued by both parties hereto at a less sum than it otherwise would be valued at by reason of a certain structure recently erected by the New York Central and Hudson…
2Cases cited18 opinions
- Schoonmaker v. . HoytNew York Court of Appeals · 1896
- Pegram v. New York Elevated RailroadNew York Court of Appeals · 1895
- Springer v. DeWolfIllinois Supreme Court · 1901
- Western Union Telegraph Co. v. ShepardNew York Court of Appeals · 1901
- McKenna v. Brooklyn Union Elevated RailroadNew York Court of Appeals · 1906
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