Cole v. . Hughes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment of the City Court of Brooklyn in favor of defend ant, entered upon the decision of the court upon trial without a jury. This action was brought to recover the value of a party wall. In July, 1861, D. S. Yoorhees and Thomas Dean owned adjoining premises in the city of Brooklyn.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment of the City Court of Brooklyn in favor of defend ant, entered upon the decision of the court upon trial without a jury. This action was brought to recover the value of a party wall. In July, 1861, D. S. Yoorhees and Thomas Dean owned adjoining premises in the city of Brooklyn. Dean being about to erect a brick house upon his lot, an agreement in writing was entered into between the parties, by which it was agreed that the western wall of said building should be a party wall, to…
1Opinion of the Court
Earl, C.
By the agreement of July 1, 1861, the parties agreed that the wall, then being built, should be and remain a party wall. Yoorhees assented that Dean might erect the wall for their common benefit, and that whenever he, his heirs or assigns should use the same, he or they would pay him, his heirs or assigns for such part of the wall as should thus be used. Subsequently Dean conveyed his lot to one person, and his right to compensation for thé use of the party wall under the agreement to.another, under whom the plaintiff holds.
The first question to be determined is, whether the right to…
2Cases cited3 opinions
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Harsha v. . ReidNew York Court of Appeals · 1871
- Burlock v. PeckThe Superior Court of New York City · 1853
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- Guaranty Trust Co. v. New York & Queens County Railway Co.New York Court of Appeals · 1930
- Mygatt v. . CoeNew York Court of Appeals · 1891
- Gibson v. HoldenIllinois Supreme Court · 1885
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