Bartow v. Draper
The Superior Court of New York City
Case upon a verdict rendered by the direction of the court in favor of the plaintiffs, for the recovery of the premises claimed, and $1,000 damages for withholding the possession, and taken, subject to the opinion of the court at General Term, upon the questions of law arising upon the evidence. All the material facts, and the questions raised and argued by the counsel, are fully stated in the opinion of the court.
1Opinion of the CourtBy the Court. Hoffman, J.
There are four propositions under which all the material facts and questions of law arising in this case may be distributed. Upon three of these all the members of the court concur in the views I am about to state. Upon the fourth proposition, I express my own opinion merely.
First. That the present plaintiffs cannot sustain the action for recovery of the whole strip demanded, even supposing that George Lorrillard had any estate or interest in it.
Second. That the present plaintiffs cannot sustain the action for the proportion which they would be entitled to, in right of Mrs. Bar-tow as a…
2Cases cited8 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Lessee of Sicard v. DavisSupreme Court of the United States · 1832
- In re JohnNew York Supreme Court · 1839
- Whitney v. WrightNew York Supreme Court · 1836
- In re Mayor of New-YorkNew York Supreme Court · 1828
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3Cited by9 opinions
- People v. LawNew York Supreme Court · 1860
- Mann v. MarshNew York Supreme Court · 1861
- Mitchell v. EinsteinAppellate Division of the Supreme Court of the State of New York · 1905
- Appleton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
- Lauderdale Peerage ClaimNew York Supreme Court · 1885
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