Chase v. Knickerbocker Phosphate Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Knickerbocker Phosphate Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 26th day of March, 1898, upon the decision of the court rendered after a trial at the Kings County Special Term ; also from a final judgment entered in said clerk’s office on the 28th day of April, 1898, upon said interlocutory judgment.
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Appeal by the defendant, the Knickerbocker Phosphate Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 26th day of March, 1898, upon the decision of the court rendered after a trial at the Kings County Special Term ; also from a final judgment entered in said clerk’s office on the 28th day of April, 1898, upon said interlocutory judgment. Also an appeal by the defendant, Albert T. Patrick, from so much of said final and interlocutory judgments as awards the plaintiff costs and an extra…
1Opinion of the Court
Cullen, J.:
In November, 1892, one Tatum, the owner of certain phosphate lands in the State of Florida, demised them to one Foote for the term of twenty years. The lease provided that the lessee should erect on the demised property a mining and drying plant, of a daily capacity of not less than 100 tons. The lessee agreed to pay the lessor as royalty the sum of fifty cents per ton, payment to be made every two months. Upon the completion of the plant a monthly payment of §125 was to be made during the continuance of the lease, to be credited on the royalty. Foote assigned his interest in the…
2Cases cited7 opinions
- Massie v. WattsSupreme Court of the United States · 1810
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- Newton v. . BronsonNew York Court of Appeals · 1856
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- Sutphen v. FowlerNew York Court of Chancery · 1841
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