Dunlop v. . James
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 25, 1902, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. If the plaintiff is entitled to recover from the defendant under the complaint, such right can only be established in a court of equity.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 25, 1902, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. If the plaintiff is entitled to recover from the defendant under the complaint, such right can only be established in a court of equity. (L. 1890, ch. 475, § 5 ; Page v. Drake, 52 Hun, 252 ; Townsend v. Whitney, 75 N. Y. 425 ; 24 Am. & Eng. Ency. of Law [1st ed.], 322.) No privity of contract…
1Opinion of the CourtHaight, J.
The rector, churchwardens and vestrymen of Trinity Church had leased certain real estate in the city of New York to Peck, Stowe & Wilcox Co. for the term of twenty-one years. The lease contained a covenant to the effect that the lessee and its assigns would pay the rent stipulated and taxes assessed upon the premises as they became due during the life of the lease, and also provided for a re-entry by the lessor in case of a failure to make these payments. By mesne assignments the lease had been acquired by the defendant in this action, who took the same, subject to the covenants, conditions…
2Cases cited4 opinions
- Roberts v. . ElyNew York Court of Appeals · 1889
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Cole v. . MalcolmNew York Court of Appeals · 1876
- Sidenberg v. . ElyNew York Court of Appeals · 1882
3Cited by26 opinions
- Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
- Offer v. Superior CourtCalifornia Supreme Court · 1924
- McGrath v. . Carnegie Trust Co.New York Court of Appeals · 1917
- Jacob Hoffmann Brewing Co. v. WuttgeNew York Court of Appeals · 1923
- Couch v. Scandinavian-American BankOregon Supreme Court · 1921
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