Nutting v. Kings County Elevated Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. The Kings County Elevated Eailway. Company, from a judgment of the Supreme Court in favor of the jilaintiff, entered in the office of the clerk of the county of Kings on the 12th day of January, 1897, upon the. verdict of a jury, and also from- an order entered in said clerk’s office on the 14th day of January, 1897, denying the defendant’s motion for a new trial made npon the minutes.
1Opinion of the Court
Cullen, J.:
This action is brought to recover the sum of $9,000 and interest, which the plaintiff claims the defendant promised to pay him under the following circumstances: In 1887 the defendant, having been unsuccessful in its application to a commission appointed by the General Term for a determination that its railroad ought to be constructed, renewed its efforts to obtain the necessary consents from the abutting owners on Fulton street in the city of Brooklyn, and thus complete its franchise. The plaintiff was a property owner on that street. In. May, 1887, a person, representing himself…
2Cases cited6 opinions
- Peterson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1858
- Wylde v. Northern Railroad Co. of New JerseyNew York Court of Appeals · 1873
- Troy Turnpike & Railroad v. M'ChesneyNew York Supreme Court · 1839
- Dorwin v. WestbrookAppellate Division of the Supreme Court of the State of New York · 1896
- Nutting v. Kings County El. RailroadNew York Supreme Court · 1895
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- McCoy v. MunroAppellate Division of the Supreme Court of the State of New York · 1902
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