Cosgriff v. . Foss
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered March 30, 1893, which modified and, as modified, affirmed a final judgment in partition entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered March 30, 1893, which modified and, as modified, affirmed a final judgment in partition entered upon a decision of the court on trial at Special Term. This was an action of partition, and upon the trial thereof without a jury the court found that Andrew Cosgriffi was entitled to eighteen undivided sixty-fourths of the premises in question; that Wilson P. Foss and Jacob E. Conklin were each entitled to nine undivided sixty-fourths, and that William Dewey was entitled to twenty-eight…
1Opinion of the CourtVann, J.
The question presented by this appeal is whether a tenant in common, who is also a lessee of his cotenant, can be allowed in partition for improvements made upon the property in the course of his tenancy, which enhanced its value, and were made with the knowledge, but without the consent, of the cotenant, when the effect of such improvements was not to protect or preserve the property, but to aid the tenant in carrying on a business then prosecuted by him upon the premises, the increased income from which was not shared with the cotenant.
At common law a tenant in common, who has made…
2Cases cited13 opinions
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Putnam v. RitchieNew York Court of Chancery · 1837
- Ford v. . KnappNew York Court of Appeals · 1886
- Crest v. JackSupreme Court of Pennsylvania · 1834
- Loring v. BaconMassachusetts Supreme Judicial Court · 1808
8 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Kraker v. RollAppellate Division of the Supreme Court of the State of New York · 1984
- Stevens v. . MelcherNew York Court of Appeals · 1897
- Worthing v. CossarAppellate Division of the Supreme Court of the State of New York · 1983
- Hosford v. HosfordAppellate Division of the Supreme Court of the State of New York · 1948
- McGillis v. . McGillisNew York Court of Appeals · 1898
27 more not listed; retrieve them via the Exa API.