Anderson v. New York & Harlem Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The- Hew York and Harlem Railroad Company and others,, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York .on the 21st day of August, 1908, .upon the decision of the court, rendered after a trial at the Hew York Special Term; also an appeal by the defendant Everett P. Wheeler from an order entered in said clerk’s office on the 24t-hday of 'June, 1908,. denying the said…
Read the full summary
Appeal by the defendants, The- Hew York and Harlem Railroad Company and others,, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York .on the 21st day of August, 1908, .upon the decision of the court, rendered after a trial at the Hew York Special Term; also an appeal by the defendant Everett P. Wheeler from an order entered in said clerk’s office on the 24t-hday of 'June, 1908,. denying the said defendant’s motion to reopen the casé so as to allow' him to put in certain evidence.
1Opinion of the Court
McLaughlin, J.:
On the 19th of December, 1896, the plaintiffs wei-e the ^owners of certain real estate situate on Park avenue in the city df Hew 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 df property 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 bé valued at by *185reason of a certain structure recently erected by the New…
2Cases cited14 opinions
- Schoonmaker v. . HoytNew York Court of Appeals · 1896
- Pegram v. New York Elevated RailroadNew York Court of Appeals · 1895
- Western Union Telegraph Co. v. ShepardNew York Court of Appeals · 1901
- McKenna v. Brooklyn Union Elevated RailroadNew York Court of Appeals · 1906
- Adams v. WadhamsNew York Supreme Court · 1862
9 more not listed; retrieve them via the Exa API.